HISTORY 


CQ 


REESE  LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 
Class 


/VVA 


THE 

STATE  GOVERNMENT  SERIES 

EDITED  BY 
B.   A.   HINSDALE,  Ph.D.,  LL.D. 


VOLUME  VIII. 


HISTORY 


AND 


Civil  Government  of  Louisiana 


JOHN  R.  FICKLEN,  B.Let. 

PROFESSOR  OF  HISTORY  AND  POLITICAL  SCIENCE  IN  TULANE  UNIVERSITY 


THE  GOVERNMENT  OF  THE  UNITED  STATES 


B.  A.  HINSDALE,  Ph.D.,  LL.D. 

PROFESSOR  OF  THE  SCIENCE  AND  THE  ART  OF  TEACHING  IN  THE  UNIVERSITY 
OF  MICHIGAN 


CHICAGO  NEW  YORK 

WERNER  SCHOOL  BOOK  COMPANY 


KEESE 


THE  STATE  GOVERNMENT  SERIES 

UNDER  THE  GENERAL  EDITORSHIP  OF 

B.  A.  HINSDALE,  Ph.D.,  LLD. 

Professor  of  the  Science  and  the  Art  of  Teaching  in  the  University  of  Michigan; 
Author  of  "The  American  Government,"  "Studies  in  Education,"  etc. 


History  and  Civil  Government  of  Louisiana $1.00 

By  JOHN  R.  FlCKLEN,  Professor  of  History  and  Political  Science 
in  Tulane  University 

* 

History  and  Civil  Government  of  Pennsylvania. 1.00 

By  DR.  B.  A.  HINSDALE  and  MARY  L.  HINSDALE 

History  and  Civil  Government  of  Maine 1.00 

By  W.  W.  STETSON,  State  Superintendent  of  Public  Schools 

History  and  Civil  Government  of  Iowa 1.00 

By  H.  H.  SEERLEY,  A.M.,  President  Iowa  State  Normal  School, 
and  L.  W.  PARISH,  A.M.,  Professor  of  Political  Science,  In  the 
Iowa  State  Normal  School 

History  and  Civil  Government  of  Ohio 1.00 

By  DR.  B.  A.  HINSDALE  and  MARY  L.  HINSDALE 

History  and  Civil  Government  of  Minnesota 1.00 

By  SANFORD  NILES,  Ex-State  Superintendent  Public  Instruction 

History  and  Civil  Government  of  South  Dakota 1.00 

By  GEO.  M.  SMITH,  M.A.,  Professor  of  Greek  and  Pedagogy. 
University  of  South  Dakota,  and  CLARK  M.  YOUNG,  Ph.D., 
Professor  of  History  and  Political  Science.  University  of  South 
Dakota 

History  and  Civil  Government  of  West  Virginia 1.00 

By  VlRGlL  A.  LEWIS,  A.M.,  Ex-State  Superintendent  of  Schools 
of  West  Virginia 

History  and  Civil  Government  of  Missouri 1.00 

By  J.  U.  BARNARD,  Formerly  Professor  In  the  State  Normal 
School  of  Missouri 


Price 


Copyright,  1901,  by  WERNER  SCHOOL  BOOK  COMPANY 


HE 

UNIVERSITY 

• 

i&L 


PREFACE 

This  volume,  it  will  be  seen,  embraces  a  sketch  of  the 
history  of  Louisiana,  a  detailed  description  of  its  pres- 
ent government,  and  a  briefer  but  fairly  comprehensive 
description  of  the  Federal  government.  It  is  believed 
that  in  the  public  and  the  private  schools  of  this  State 
there  is  need  of  such  a  work.  It  is  true  that  Civics  is 
now  taught  in  some  of  our  high  schools;  but  no  work 
has  been  previously  published  with  so  full  an  account 
of  the  present  composition  and  working  of  the  town, 
city,  parish,  and  central  departments  of  the  government 
of  Louisiana. 

This  portion  of  the  book  is  based  upon  the  recent 
constitution  (1898)  and  upon  the  most  important  acts 
of  the  General  Assembly  that  are  now  in  force.  It 
is  hoped  that  this  portion  of  the  work  will  prove  of 
special  interest  and  value  not  only  to  youthful  students, 
but  also  to  many  adult  readers. 

Most  of  our  manuals  on  Civics  give  much  space  to 
the  description  of  the  functions  of  the  general  gov- 
ernment; but  when  they  come  to  the  subject  of  State 
governments,  which  interests  and  touches  the  average 
citizen  in  nearly  all  the  affairs  of  his  daily  life,  they  offer 
only  such  a  general  description  ^as  applies  to  all  the 
States.  From  such  books,  therefore,  the  Louisianian 
or  the  Mississippian  cannot  derive  the  information  that 
in  the  discharge  of  his  duties  as  a  citizen  he  so  often 
needs. 

Historically  and   logically  the  study  of  the  State  gov- 

5 

192759 


6  PREFACE 

ernment  precedes  that  of  the  Federal  government,  and 
serves  as  an  important  aid  to  the  understanding  of  it. 

A  modern  State  constitution,  however,  is  always  a 
long,  and  often  a  rather  dry  document.  As  a  result  all 
teachers  testify  to  the  woeful  ignorance  that  young  stu- 
dents in  high  schools  and  colleges  often  exhibit  of  the 
provisions  of  their  State  constitution.  The  result  of 
such  ignorance  is  hazy  notions  of  the  rights  and  duties 
of  citizenship.  To  the  promotion,  therefore,  of  a  deeper 
and  broader  preparation  for  life  this  book  is  dedicated. 

JOHN  R.  FICKLEN. 


CONTENTS 

Page 

GENERAL  INTRODUCTION 9-26 

PART  I. — HISTORY. 
INTRODUCTION .  27 

Chapter 

I.  THE  SPANISH  EXPLORERS 27-32 

II.  THE  FRENCH  EXPLORERS 33-37 

III.  THE  COLONIZATION  OF  LOUISIANA  ..  38-43 

IV.  BIENVILLE  GOVERNOR,  FIRST  TERM, 

1701-1713 44-4& 

V.     THE  COMPANY  OF  THE  WEST,  1717.  49-53 

VI.     THE  COMPANY  OF  THE  WEST,  CON.  54-58 
VII.     LOUISIANA    ONCE    MORE   A    ROYAL 

PROVINCE 59-65 

VIII.     SPAIN  TAKES  POSSESSION 66-71 

IX.     SPANISH  RULE  CONTINUED 72-77 

X.     THE  CLOSE  OF  SPANISH  RULE 78-82 

XI.     THE  BEGINNING  OF  THE  AMERICAN 

PERIOD 83-88 

XII.     IMMIGRATION;     DISTRIBUTION     OF 

THE  POPULATION 89-93 

XIII.  STIRRING  EVENTS,   STATEHOOD 94-98 

XIV.  THE  WAR  OF  1812-15 99-109 

XV.     A  PERIOD  OF  DEVELOPMENT * 110-115 

XVI.     THE   NEW  CODE,    POLITICAL  AGI- 
TATION    116-121 

XVII.     THE  MEXICAN  WAR;  EDUCATION; 

YELLOW  FEVER 122-126 

XVIII.     THE  CIVIL  WAR,  1861-1865 127-134 

XIX.     RECONSTRUCTION I35~I39 

XX.     NEW   CONSTITUTIONS,    PUBLIC    IM- 
PROVEMENTS    140-143 

XXI.     THE  PRESENT  CONDITION  OF  LOUIS- 
IANA     144-148 

PART  II. — CIVIL  GOVERNMENT. 

XXII.  GOVERNMENT 149-155 

XXIII.  CONSTITUTIONS 156-159 

XXIV.  LOCAL  GOVERNMENT 160-163 

XXV.  EDUCATION;  PUBLIC  SCHOOLS 164-171 

XXVI.  OTHER  DIVISIONS  OF  THE  STATE...   172-174 

XXVII.  CITIES,  TOWNS,  AND  VILLAGES 175-178 

XXVIII.  THE  CITY  OF  NEW  ORLEANS 179-188- 

XXIX.  THE  BILL  OF  RIGHTS 189-196 

7 


CONTENTS 


XXX.     THE  GENERAL   ASSEMBLY 197-202 

XXXI.     THE  EXECUTIVE  DEPARTMENT 203-210 

XXXII.     THE  JUDICIARY  DEPARTMENT 211-217 

XXXIII.  COURTS  IN  OTHER  PARISHES  THAN 

ORLEANS 218-226 

XXXIV.  SUFFRAGE  AND  ELECTION 227-240 

XXXV.     THE  MILITIA 241-243 

XXXVI.     IMPEACHMENT  AND  REMOVAL 244-247 

XXXVII.     TAXATION 248-256 

.XXXVIII.     ASSESSMENTS,      LICENSES,      HOME- 
STEADS    257-262 

XXXIX.     GENERAL  PROVISIONS  OF  THE  CON- 
STITUTION    263-266 

XL.     STATE  INSTITUTIONS,  BOARDS  AND 

COMMISSIONS  270-276 

XLI.     POLITICAL  PARTIES , 277-282 

PART  III. — GOVERNMENT  OF  THE  UNITED  STATES. 

XLII.     THE  MAKING  OF  THE  GOVERNMENT..  283-291 
XLIII.     AMENDMENTS  MADE  TO  THE  CONSTI- 
TUTION    292-294 

XLIV.     THE  SOURCE  AND   NATURE   OF  THE 

GOVERNMENT 295-297 

XLV.     THE  COMPOSITION  OF  CONGRESS  AND 

THE  ELECTION  OF  ITS  MEMBERS  298-310 
XLVI.     ORGANIZATION     OF    CONGRESS     AND 

ITS  METHOD  OF  DOING  BUSINESS.   311-317 

XLVII.      IMPEACHMENT  OF  CIVIL  OFFICERS 318-321 

XLVIII.     GENERAL  POWERS  OF  CONGRESS 322-334 

XLIX.     ELECTION    OF   THE   PRESIDENT    AND 

THE  VICE-PRESIDENT 335-34° 

L.     THE    PRESIDENT'S    QUALIFICATIONS, 

TERM  AND  REMOVAL 341-343 

LI.     THE      PRESIDENT'S      POWERS      AND 

DUTIES 344-35* 

LII.     THE  EXECUTIVE  DEPARTMENT 353-357 

LHI.     THE  JUDICIAL  DEPARTMENT 35^-3^5 

LIV.     NEW  STATES  AND  THE  TERRITORIAL 

SYSTEM 366-37 1 

LV.      RELATIONS  OF  THE  STATES  AND  THE 

UNION  37J-379 

TOPICS  AND  QUESTIONS 380-389 


GENERAL  INTRODUCTION. 


The  character  of  the  volumes  that  will  comprise  The 
State  Government  Series  is  indicated  by  the  name  of 
the  series  itself.  More  definitely,  they  will  combine 
two  important  subjects  of  education,  History  and  Govern- 
ment. It  is  proposed  in  this  Introduction  briefly  to  set 
forth  the  educational  character  and  value  of  these  sub- 
jects, and  to  offer  some  hints  as  to  the  way  in  which  they 
should  be  studied  and  taught,  particularly  as  limited  by 
the  character  of  the  Series. 

1.  THE  EDUCATIONAL  VALUE  OF  THE  STUDY  OF 
HISTORY  AND  GOVERNMENT. 

Not  much  reflection  is  required  to  show  that  both  of 
these  subjects  have  large  practical  or  guidance  value, 
and  that  they  also  rank  high  as  disciplinary  studies. 

1.  History. — When  it  is  said  that  men  need  the  expe- 
rience of  past  ages  to  widen  the  field  of  their  personal 
observation,  to  correct  their  narrow  views  and  mistaken 
opinions,  to  furnish  them  high  ideals,  and  to  give  them 
inspiration  or  motive  force;  and  that  history  is  the  main 
channel  through  which  this  valuable  experience  is  trans- 
mitted to  them — this  should  be  sufficient  to  show  that 
history  is  a  very  important  subject  of  education.  On 
this  point  the  most  competent  men  of  both  ancient  and 
modern  times  have  delivered  the  most  convincing  testi- 
mony. Cicero  called  history  "the  witness  of  times,  the 
light  of  truth,  and  the  mistress  of  life. "  Dionysius  of 
Halicarnassus  said  "history  is  philosophy  teaching  by 

9 


IO  GENERAL   INTRODUCTION. 

examples,"  and  Lord  Bolingbroke  lent  his  sanction  to 
the  saying.  Milton  thought  children  should  be  taught 
"the  beginning,  the  end,  and  the  reasons  of  political 
societies."  Another  writer  affirms  that  "history  fur- 
nishes the  best  training  in  patriotism,  and  enlarges 
the  sympathies  and  interests."  Macaulay  said:  "The 
real  use  of  traveling  to  distant  countries,  and  of 
studying  the  annals  of  past  times,  is  to  preserve  them 
from  the  contraction  of  mind  which  those  can  hardly 
escape  whose  whole  commerce  is  with  one  generation 
and  one  neighborhood." 

In  every  great  field  of  human  activity  the  lessons  of 
history  are  invaluable — in  politics,  religion,  education, 
moral  reform,  war,  scientific  investigation,  invention, 
and  practical  business  affairs.  The  relations  of  history 
and  politics  are  peculiarly  close.  There  could  be  no 
science  of  politics  without  history,  and  practical  politics 
could  hardly  be  carried  on.  But,  more  than  this,  there 
can  be  no  better  safeguard  than  the  lessons  of  history 
against  the  specious  but  dangerous  ideas  and  schemes 
in  relation  to  social  subjects  that  float  in  the  atmosphere 
of  all  progressive  countries.  In  fact,  there  is  no  other 
safeguard  that  is  so  good  as  these  lessons;  they  are  ex- 
perience teaching  by  examples.  The  man  who  has 
studied  the  history  of  the  Mississippi  Scheme,  the  South 
Sea  Bubble,  or  some  of  the  less  celebrated  industrial  or 
economical  manias  that  have  afflicted  our  own  country,  is 
little  likely  to  embark  in  similar  schemes  himself,  or  to 
promote  them.  The  man  who  has  studied  the  evils  that 
irredeemable  paper  money  caused  in  France  in  the  days 
of  the  Revolution,  or  the  evils  that  the  Continental 
money  caused  in  our  own  country,  will  be  more  apt  to 
form  sound  views  on  the  subjects  of  currency  and  bank- 
ing than  the  man  who  has  had  no  such  training.  The 


GENERAL   INTRODUCTION.  I  I 

school  of  history  is  a  conservative  school,  and  its  lessons 
are  our  great  defense  against  cranks,  faddists,  and  dem- 
agogues. 

2.  Government. — Politics  is  both  a  science  and  an  art. 
It  is  the  science  and  the  art  of  government.  As  a  science 
it  investigates  the  facts  and  principles  of  government;  as 
an  art  it  deals  with  the  practical  applications  of  these 
facts  and  principles  to  the  government  of  the  state. 

Now  it  is  manifest  that  the  art  of  politics,  or  practical 
government,  directly  concerns  everybody.  Few  indeed 
are  the  subjects  in  which  men,  and  particularly  men 
living  in  great  and  progressive  societies,  are  so  deeply 
interested  as  in  good  government.  The  government  of 
the  state  is  charged  with  maintaining  public  order,  se- 
curing justice  between  man  and  man,  and  the  promotion 
of  the  great  positive  ends  of  society.  For  these  pur- 
poses it  collects  and  expends  great  revenues,  which  are 
ultimately  paid  from  the  proceeds  of  the  labor  of  the 
people.  Furthermore,  in  republican  states,  such  as  the 
American  Union  and  the  forty-five  individual  States 
that  make  up  the  Union,  government  is  carried  on  by 
the  people  through  their  representatives  chosen  at 
popular  elections.  The  voters  of  the  United  States 
are  a  great  and  rapidly  growing  body.  In  the  presi- 
dential election  of  1888,  11,388,007  citizens  partici- 
pated; in  the  presidential  election  of  1896,  14,071,097 
—  a  growth  of  more  than  2,680,000  in  eight  years. 
Moreover,  these  voters  are  felt  in  many  other  ways  and 
places ;  they  vote  for  National  representatives,  for  State 
legislatures, executives,  and  judges,  for  county,  township, 
and  city  offices,  for  the  supervisors  of  the  roads  and  the 
directors  of  the  public  schools.  There  is  not  a  point  in 
the  whole  round  of  National,  State,  and  Local  govern- 
ment that  the  popular  will,  as  expressed  at  elections, 


12  GENERAL   INTRODUCTION. 

does  not  touch.  Every  man  is,  therefore,  directly  con- 
cerned to  understand  the  nature  and  operations  of  these 
governments,  and  almost  equally  concerned  to  have  his 
neighbors  also  understand  them. 

We  have  been  dealing  with  practical  politics  exclu- 
sively. But  the  art  of  government  depends  upon  the 
science  of  government.  The  government  of  a  great 
country  like  our  own,  at  least  if  a  good  one,  is  a  com- 
plicated and  delicate  machine.  Such  a  government  is 
one  of  the  greatest  triumphs  of  the  human  mind.  It  is 
the  result  of  a  long  process  of  political  experience,  and 
in  its  elements  at  least  it  runs  far  back  into  past  history. 
It  is,  therefore,  a  most  interesting  study  considered  in 
itself.  All  this  is  peculiarly  true  of  our  own  govern- 
ment, as  will  be  explained  hereafter. 

However,  this  complicated  and  delicate  machine  is 
not  an  end,  but  only  a  means  or  instrument;  as  a 
means  or  instrument  it  is  ordained,  as  the  Declaration 
of  Independence  says,  to  secure  to  those  living  under 
it  their  rights — such  as  life,  liberty,  and  the  pursuit  of 
happiness;  and  the  extent  to  which  it  secures  these 
rights  is  at  once  the  measure  of  its  character,  whether 
good  or  bad. 

It  is  also  to  be  observed  that  a  government  which  is 
good  for  one  people  is  not  of  necessity  good  for  another 
people.  We  Americans  would  not  tolerate  a  govern- 
ment like  that  of  Russia,  while  Russians  could  hardly 
carry  on  our  government  a  single  year.  A  good  govern- 
ment must  first  recognize  the  general  facts  of  human 
nature,  then  the  special  character,  needs,  habits,  and 
traditions  of  the  people  for  whom  it  exists.  It  roots  in 
the  national  life  and  history.  It  grows  out  of  the  na- 
tional culture.  Since  government  is  based  on  the  facts 
of  human  nature  and  human  society,  it  is  not  a  mere  crea- 


GENERAL   INTRODUCTION.  13 

ture  of  accident,  chance,  or  management.  In  other 
words,  there  is  such  a  thing  as  the  science  of  govern- 
ment or  politics.  Moreover,  to  effect  and  to  maintain 
a  good  working  adjustment  between  government  and  a 
progressive  society,  is  at  once  an  important  and  difficult 
matter.  This  is  the  work  of  the  practical  statesman. 
And  thus  we  are  brought  back  again  to  the  fact  that  the 
science  of  government  is  one  of  the  most  useful  of 
studies. 

Mention  has  been  made  of  rights,  and  of  the  duty  of 
government  to  maintain  them.  But  rights  always  imply 
duties.  For  example:  A  may  have  a  right  to  money 
that  is  now  in  B's  posssession,  but  A  cannot  enjoy  this 
right  unless  B  performs  the  duty  of  paying  the  money 
over  to  him.  If  no  duties  are  performed,  no  rights  will 
be  enjoyed.  Again,  the  possession  of  rights  imposes 
duties  upon  him  who  possesses  them.  For  example: 
The  individual  owes  duties  to  the  society  or  the  govern- 
ment that  protects  him  in  the  enjoyment  of  his  rights. 
Rights  and  duties  cannot  be  separated.  Either  implies 
the  other.  Accordingly,  the  practical  study  of  govern- 
ment should  include,  not  only  rights,  but  also  duties  as 
well.  The  future  citizen  should  learn  both  lessons;  tor 
the  man  who  is  unwilling  to  do  his  duty  has  no  moral 
claim  upon  others  to  do  theirs. 

The  foregoing  remarks  are  particularly  pertinent  to  a 
republican  government,  because  under  such  a  govern- 
ment the  citizen's  measure  of  rights,  and  so  of  duties,  is 
the  largest.  Here  we  must  observe  the  important  dis- 
tinction between  civil  and  political  rights.  The  first 
relate  to  civil  society,  the  second  to  civil  government. 
Life,  liberty  of  person,  freedom  of  movement,  owner- 
ship of  property,  use  of  the  highways  and  public  insti- 
tutions, are  civil  rights.  The  suffrage,  the  right  to  hold 


14  GENERAL   INTRODUCTION. 

office  under  the  government,  and  general  participation 
in  public  affairs  are  political  rights.  These  two  classes 
of  rights  do  not  necessarily  exist  together;  civil  rights 
are  sometimes  secured  where  men  do  not  vote,  while 
men  sometimes  vote  where  civil  rights  are  not  secured; 
moreover,  both  kinds  of  rights  may  be  forfeited  by  the 
citizen  through  his  own  bad  conduct.  Evidently  polit- 
ical rights  are  subordinate  to  civil  rights.  Men  partic- 
ipate in  govermental  affairs  as  a  means  of  securing  the 
great  ends  for  which  civil  society  exists.  But  the  great 
point  is  this — republican  government  can  be  carried  on 
successfully  only  when  the  mass  of  the  citizens  make 
their  power  felt  in  political  affairs;  in  other  words,  per- 
form their  political  duties.  To  vote  in  the  interest  of 
good  government,  is  an  important  political  duty  that  the 
citizen  owes  to  the  state.  Still  other  political  duties  are 
to  give  the  legally  constituted  authorities  one's  moral 
support,  and  to  serve  the  body  politic  when  called  upon 
to  do  so.  These  duties  grow  out  of  the  corresponding 
rights,  and  to  teach  them  is  an  essential  part  of  sound 
education. 

It  has  been  remarked  that  good  government  rests 
upon  the  facts  of  human  nature  and  society,  that  such 
a  government  is  a  complicated  machine,  and  that  it  is 
an  interesting  subject  of  study.  It  is  also  to  be  observed 
that  the  successful  operation  of  such  a  government  calls 
for  high  intellectual  and  moral  qualities,  first  on  the 
part  of  statesmen  and  public  men,  and  secondly  on  the 
part  of  the  citizens  themselves.  There  are  examples  of  an 
ignorant  and  corrupt  people  enjoying  measurable  pros- 
perity under  a  wise  and  good  monarch;  but  there  is  no 
example  of  a  democratic  or  republican  state  long  pros- 
pering unless  there  is  a  good  standard  of  intelligence 
and  virtue.  This  is  one  of  the  lessons  that  Washington 


GENERAL    INTRODUCTION.  15 

Impressed  in  his  Farewell  Address:  "In  proportion  as 
the  structure  of  a  government  gives  force  to  public 
opinion,  it  is  essential  that  public  opinion  shall  be  intel- 
ligent. " 

Government  deals  with  man  in  his  general  or  social 
relations.  Robinson  Crusoe  living  on  his  island  neither 
had,  nor  could  have  had,  a  government.  Man  is  born  for 
society;  or,  as  Aristotle  said,  "man  has  a  social  instinct 
implanted  in  him  by  nature."  Again,  man  is  political 
as  well  as  social;  or,  as  Aristotle  says,  "man  is  more  of 
a  political  animal  than  bees,  or  any  other  gregarious 
animal. "  Hence  the  same  writer's  famous  maxim,  "Man 
is  born  to  be  a  citizen." 

These  last  remarks  bring  before  the  mind,  as  a 
subject  of  study,  man  in  his  relations  to  his  fellow 
men.  The  study  of  man  in  these  relations  has  both 
practical  and  disciplinary  value.  At  first  man  is 
thoroughly  individual  and  egotistical.  The  human 
baby  is  as  selfish  as  the  cub  of  the  bear  or  of  the 
fox.  There  is  no  more  exacting  tyrant  in  the  world.  No 
matter  at  what  cost,  his  wants  must  be  supplied.  Such 
is  his  primary  nature.  But  this  selfish  creature  is 
endowed  with  a  higher,  an  ideal  nature.  At  first  he 
knows  only  rights,  and  these  he  greatly  magnifies;  but 
progressively  he  learns,  what  no  mere  animal  can  learn, 
to  curb  his  appetites,  desires,  and  feelings,  and  to  regard 
the  rights,  interests,  and  feelings  of  others.  To  promote 
this  process,  as  we  have  already  explained,  government 
exists.  In  other  words,  the  human  being  is  capable  of 
learning  his  relations  to  the  great  social  body  of  which 
he  is  a  member.  Mere  individualism,  mere  egotism,  is 
compelled  to  recognize  the  force  and  value  of  altruistic 
conviction  and  sentiment.  And  this  lesson,  save  alone 
his  relations  to  the  Supreme  Being,  is  the  greatest  lesson 


1 6  GENERAL   INTRODUCTION. 

that  man  ever  learns.  The  whole  field  of  social  rela- 
tions, which  is  covered  in  a  general  way  by  Sociology, 
is  cultivated  by  several  sciences,  as  ethics,  political 
economy,  and  politics;  but  of  these  studies  politics  or 
government  is  the  only  one  that  can  be  introduced  in 
didactic  form  into  the  common  schools  with  much  suc- 
cess. In  these  schools  civil  government  should  be  so 
taught  as  to  make  it  also  a  school  of  self-government. 

It  may  be  said  that  so  much  history  and  politics  as  is 
found  in  these  volumes,  or  so  much  as  can  be  taught  in 
the  public  schools,  does  not  go  far  enough  to  give  to 
these  studies  in  large  measure  the  advantages  that  have 
been  enumerated.  There  would  be  much  force  in  this 
objection,  provided  such  studies  were  to  stop  with  the 
elementary  school.  But  fortunately  this  is  not  the  case. 
The  history  and  the  politics  that  are  taught  in  the 
elementary  school  prepare  the  way  for  the  history  and 
the  politics  that  are  taught  in  the  college  and  the  uni- 
versity. Furthermore,  and  this  is  in  one  aspect  of  the 
subject  still  more  important,  they  also  prepare  the  way 
for  much  fruitful  private  study  and  reading  in  the  home. 

II.  METHODS  OF  STUDY  AND  TEACHING. 

Under  this  head  history  will  be  considered  only  so  far 
as  it  is  involved  in  politics.  Our  first  question  is, 
Where  shall  the  study  of  government  begin  ?  The 
answer  will  be  deferred  until  we  have  considered  the 
general  features  of  the  government  under  which  we  live. 

The  United  States  are  a  federal  state,  and  the  Ameri- 
can government  is  a  dual  government.  Our  present 
National  Government  dates  from  the  year  1789.  It  was 
created  by  the  Constitution,  which,  in  that  year,  took 
the  place  of  the  Articles  of  Confederation.  At  that  time 
the  State  governments  were  in  full  operation,  and  it  was 


GENERAL   INTRODUCTION.  17 

not  the  intention  of  the  framers  of  the  Constitution,  or 
of  the  people  who  ratified  it,  to  supersede  those  govern- 
ments, or,  within  their  proper  sphere,  to  weaken  them. 
Experience  had  conclusively  shown  that  the  country 
needed  a  stronger  National  Government,  and  this  the 
people  undertook  to  provide.  So  they  undertook  to 
accomplish  in  the  Constitution  the  objects  that  are 
enumerated  in  the  Preamble. 

"We,  the  people  of  the  United  States,  in  order  to 
form  a  more  perfect  Union,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of 
America." 

The  Constitution  also  formally  denied  some  powers  to 
the  United  States  and  some  to  the  States;  that  is,  it  for- 
bade the  one  or  the  other  to  exercise  the  powers  so 
prohibited.  (See  Article  I,  sections  9,  10.)  The  under- 
standing was  that  the  mass  of  powers  not  delegated  to 
the  Union  exclusively,  or  forbidden  to  the  States, 
continued  to  remain  in  the  hands  of  the  people 
in  their  State  capacities.  Moreover,  this  understand- 
ing was  expressly  asserted  in  Article  X  of  the  Amend- 
ments. 

Accordingly,  the  Government  of  the  United  States 
must  be  studied  under  two  aspects,  one  National  and 
one  State.  The  case  is  quite  different  from  what  it  would 
be  in  England  or  France,  both  of  which  countries  have 
single  or  unitary  governments.  This  duality  makes  the 
study  more  interesting,  but  more  difficult,  and  suggests 
the  question  whether  it  should  begin  with  the  Nation  or 
the  State.  The  answer  must  be  deferred  until  still  other 
facts  have  been  taken  into  account. 


^8  GENERAL   INTRODUCTION. 

The  powers  that  the  State  Governments  exercise  are 
exercised  through  a  variety  of  channels.  (1.)  Some  are 
exercised  directly  by  State  officers.  For  the  most  part 
these  are  powers  that  concern  the  State  as  a  whole. 
(2.)  Some  are  exercised  by  county  officers  within  the 
county.  (3.)  Some  are  exercised  by  town  or  township 
officers  within  the  town  or  county.  (4.)  Some  are  exer- 
cised by  city  or  municipal  officers  within  the  city.  (5.) 
A  few  fall  to  officers  elected  by  divisions  of  townships, 
as  road-masters  and  school  directors. 

Items  2,  3,  4  and  5  of  this  enumeration  constitute 
Local  government,  which  the  people  of  all  the  States, 
in  some  form,  have  retained  in  their  own  hand.  Here 
we  meet  a  political  fact  that  distinguishes  us  from  some 
other  countries,  the  vigorous  vitality  of  local  institu- 
tions. France,  for  example,  although  a  republic,  has  a 
centralized  government;  many  powers  are  there  exercised 
by  national  officers  that  here  are  exercised  by  local 
officers,  while  there  the  state  often  asserts  direct  control 
t>ver  the  local  authorities.  Strong  attachment  to  local 
self-government,  and  opposition  to  centralized  govern- 
ment, is  one  of  the  boasted  glories  of  the  English-speak- 
ing race.  Subject  to  the  State  constitution,  the  State 
Legislature  is  the  great  source  of  political  power  within 
the  State.  The  county,  the  township,  and  the  city  owe 
their  political  existence  and  peculiar  organization  to  the 
Legislature. 

Different  States  have  organized  local  government  in 
different  ways.  Speaking  generally,  there  are  three 
types — the  Town  type,  the  County  type,  and  the  Mixed 
type.  The  Town  type  is  found  exclusively  in  the  New 
England  States.  It  throws  most  of  the  powers  of  local 
government  into  the  hands  of  the  town,  few  into  the 
hands  of  the  county.  The  County  type,  which  is  found 


GENERAL   INTRODUCTION.  1^ 

in  the  Southern  States  and  in  a  few  others,  reverses  this 
method;  it  throws  all  local  powers  into  the  hands  of  the 
county,  and  makes  the  sub-divisions  of  the  county  merely 
an  election  precinct,  the  jurisdiction  of  the  justice  of  the 
peace,  and  perhaps  the  unit  of  the  militia  company. 
The  Mixed,  or  Compromise  system,  as  its  name  implies, 
combines  features  of  the  other  two.  It  makes  more  use 
of  the  county,  and  less  of  the  town,  than  New  England; 
more  of  the  township,  and  less  of  the  county,  than  the 
5jouth.  It  is  found  in  the  Central  States  and  generally, 
but  not  universally,  throughout  the  West. 

Now  not  much  argument  is  needed  to  show  that  the 
study  of  government,  even  within  the  limits  of  the  ele- 
mentary school,  should  embrace  the  two  spheres  in 
which  the  American  Government  moves,  the  sphere  of 
the  Nation  and  the  sphere  of  the  State.  Neither  is- 
much  argument  called  for  to  show  that  the  study  of  the 
State  should  embrace  Local  government,  as  well  as 
State  government  proper.  The  argument  on  the  whole 
subject  divides  into  two  main  branches — the  one  practi- 
cal, the  other  pedagogical. 

Unfortunately,  the  time  given  to  the  study  of  govern- 
ment in  the  schools  has  not  always  been  wisely  distrib- 
uted. For  many  years  the  National  Government 
received  disproportionate  attention,  and  such,  though 
perhaps  in  less  degree,  is  still  the  case.  But,  important 
as  the  powers  of  the  Nation  are,  the  common  citizen, 
in  time  of  peace,  has  few  relations  with  it  outside  of 
the  Post  Office  Department,  while  his  relations  with 
the  State  are  numerous  and  constant.  President  Gar- 
field,  in  1871,  said  :  "It  will  not  be  denied  that  the 
State  government  touches  the  citizen  and  his  interests 
twenty  times  where  the  National  Government  touches 
him  once." 


20  GENERAL   INTRODUCTION. 

Still  another  point  may  be  urged.  An  American  State 
is  a  distinct  political  community.  It  is  a  separate 
commonwealth  having  its  own  constitution,  laws,  and 
officers.  It  has  its  own  history.  The  people  boast  its 
services  to  the  country.  They  point  to  its  great  names. 
They  glorify  the  associations  that  cluster  about  its  name. 
They  dwell  upon  its  typical  or  ideal  life.  All  this  is 
educative  in  a  striking  sense;  such  an  environment 
necessarily  reacts  upon  the  people.  Who  can  measure 
the  effect  of  the  old  Bay  State  ideal,  or  the  Old  Dominion 
ideal,  upon  the  people  of  either  State  ? 

Once  more,  Local  government  has  received  too  little 
attention  as  compared  with  State  government  proper. 
Township  or  county  government  is  on  such  a  diminutive 
scale  that  to  many  it  seems  a  subject  unworthy  of  serious 
study.  But  it  is  important  to  teach  the  youth  of  the 
county  that  their  future  prosperity  and  happiness,  as  a 
rule,  will  depend  upon  what  is  done  by  road-masters, 
school  directors,  township  trustees  or  supervisors,  county 
commissioners  or  county  courts,  city  authorities,  and  the 
like,  far  more  than  upon  what  is  done  by  the  Governor 
or  the  President.  The  common  citizen  is  tenfold  more 
concerned  in  the  proceedings  in  the  courts  held  by 
justices  of  the  peace  and  by  county  judges  than  in  the 
causes  that  are  decided  by  the  Supreme  Court  of  the 
United  States. 

Government  is  fundamentally  an  information  or  guid- 
ance study.  It  is  put  in  the  schools  to  teach  the  pupil 
how  to  perform  his  political  duties  intelligently  when 
he  comes  to  the  state  of  manhood.  In  order  that  he 
may  perform  these  duties  intelligently,  he  must  under- 
stand the  nature  and  the  ends  of  government,  whether 
National,  State,  or  Local,  and  the  mode  of  its  opera- 
tion. 


GENERAL   INTRODUCTION.  21 

The  fact  is,  however,  that  characteristic  features  of 
our  government  are  ill  understood  by  thousands  of  our 
citizens.  The  functions  of  the  Executive  and  of  the 
Judiciary  are  often  confounded;  likewise  the  functions  of 
State  authorities  and  National  authorities.  A  multitude 
of  citizens  participate  in  every  election  of  electors  for 
President,  who  do  not  know  how  the  President  is. 
elected.  The  line  dividing  the  State  sphere  from  the 
National  sphere  is  a  very  hazy  matter  to  many  persons 
who  consider  themselves  intelligent.  Owing  partly  to 
this  fact,  and  partly  to  the  greater  prominence  of  the 
Union,  there  is  always  a  tendency  in  many  quarters  to 
hold  the  National  authorities  responsible  for  what  the 
State  authorities  have  or  have  not  done.  The  adjust- 
ment of  Local  Government  to  the  State  and  National 
Governments  is  another  matter  concerning  which  many 
are  confused.  Tax-payers  can  be  found  in  every  neigh- 
borhood who  think  the  taxes  that  they  pay  to  the  town- 
ship or  the  county  treasurer  go  to  Washington. 

What  has  been  said  will  suffice  for  the  practical 
branch  of  the  argument.  Taking  up  the  pedagogical 
branch,  let  us  first  observe  the  nature  and  the  origin  of 
the  child's  early  education  in  respect  to  government. 

It  is  in  the  family,  in  personal  contact  with  its  mem- 
bers, that  the  child  forms  the  habits  of  obedience  and 
deference  to  others.  It  is  here  that  he  learns,  in  a  rudi- 
mentary and  experimental  way,  that  he  is  part  of  a 
social  whole.  Here  he  acquires  the  ideas  to  which  we 
give  the  names  obedience,  authority,  government^  and  the 
like.  His  father  (if  we  may  unify  the  family  govern- 
ment) is  his  first  ruler,  and  the  father's  word  his  first 
law.  Legislative,  executive,  and  judicial  functions  are 
centered  in  a  single  person.  These  early  habits  and 
ideas  are  the  foundations  of  the  child's  whole  future, 
education  in  government,  both  practical  and  theoretical^ 


2,2  GENERAL   INTRODUCTION. 

His  future  conception  of  the  governor,  president,  king, 
or  emperor  is  developed  on  the  basis  of  the  idea  of  his 
father;  his  conception  of  society,  on  the  basis  of  the 
idea  of  his  home;  his  conception  of  government  by  the 
State,  on  the  basis  of  family  government.  Of  course 
these  early  habits  and  ideas  are  expanded,  strengthened, 
and  adjusted  to  new  centers. 

While  still  young,  the  child  goes  to  school.  This,  on 
the  governmental  side,  is  but  a  repetition  of  the  home. 
It  is  the  doctrine  of  the  law  that  the  teacher  takes  the 
place  of  the  parent:  in  loco  parentis.  The  new  jurisdic- 
tion may  be  narrower  than  the  old  one,  but  it  is  of  the 
same  kind.  The  education  of  the  school  reinforces  the 
education  of  the  home  in  respect  to  this  all-important 
subject.  The  habits  of  obedience  and  deference  are 
strengthened.  The  child's  social  world  is  enlarged.  At 
first  he  thought,  or  rather  felt,  that  he  was  alone  in  the 
world;  then  he  learned  that  he  must  adjust  himself  to 
the  family  circle;  now  he  discovers  that  he  is  a  member 
of  a  still  larger  community,  and  that  he  must  conduct 
himself  accordingly.  The  ideas  of  authority,  obedience, 
law,  etc.,  are  expanded  and  clarified. 

About  the  time  that  the  child  goes  to  school  he  begins 
to  take  lessons  in  civil  government.  This  also  is  de- 
veloped on  the  basis  of  his  previous  home-training.  It 
begins  at  the  very  door-step.  The  letter-carrier,  the 
policeman,  the  justice  of  the  peace,  and  the  postmaster 
introduce  him  to  the  government  of  the  outer  world. 
Some  or  all  of  these  officers  he  sees  and  knows,  and 
others  he  hears  about.  The  very  mail  wagon  that 
rattles  along  the  street,  teaches  its  lesson,  and  so  do 
other  symbols  of  authority  that  confront  him.  He 
attends  an  election  and  hears  about  the  caucus.  As  he 
grows  older,  the  town  council,  the  court  of  the  local 
magistrate,  and  the  constable  or  sheriff  teach  him  the 


GENERAL   INTRODUCTION.  23 

meaning  of  the  three  great  branches  of  government. 
His  ears  as  well  as  his  eyes  are  open.  Politics  is  the 
theme  of  much  familiar  conversation  to  which  he  listens. 
With  all  the  rest,  he  reads  the  newspaper,  and  so  en- 
larges his  store  of  political  information. 

Still  other  agencies  contribute  to  the  grand  result. 
The  church,  public  meetings,  societies  of  various  kinds, 
all  teach  the  lessons  of  order  and  discipline. 

Such,  in  general,  are  the  steps  by  which  the  child 
makes  his  way  out  of  the  world  of  isolation  and  selfish- 
ness into  the  world  of  social  activity  and  light.  Such  is- 
the  character  of  his  early  education  in  morals  and 
politics.  Nor  is  it  easy  to  overestimate  these  early  les- 
sons. To  suppose  that  the  child's  political  education 
begins  when  he  first  reads  the  Constitution  of  the  United 
States,  is  like  supposing  that  his  moral  education  begins, 
when  he  is  first  able  to  follow  the  preacher's  sermon. 

All  this  training  is  unconscious  and  mainly  incidental, 
and  the  more  effective  for  that  very  reason.  But  such 
training  will  not  meet  the  ends  of  intelligent  citizenship. 
Nor  can  the  political  education  of  citizens  be  left  to  the 
newspaper  and  the  political  speaker.  Government  must 
be  formally  taught  in  the  schools.  But  what  shall  be 
the  order  of  study  ?  Shall  the  child  begin  at  Washing- 
ton, at  the  State  capital,  or  at  his  own  home  ?  In  other 
words,  shall  he  begin  with  the  National  Government, 
with  the  State  government  proper,  or  with  Local  gov- 
ernment ? 

For  a  time  the  student  of  government  should  continue 
to  work  on  the  material  that  lies  right  about  him,  just  as 
the  student  of  geography  should  find  his  first  lessons  at 
home.  On  this  point  the  arguments  already  presented 
are  decisive.  The  practical  argument  shows  that  this 
will  be  the  most  useful  course  to  pursue.  The  peda- 
gogical argument  shows  that  it  is  also  the  easiest,  the. 


24  GENERAL   INTRODUCTION. 

most  natural,  and  the  most  successful.  In  general  then 
the  method  should  be — first,  the  Local  Government; 
second,  the  State  Government,  and  last,  the  National 
Government. 

We  have  now  reached  a  point  where  we  can  define 
more  clearly  and  fully  the  special  object  of  the  series  of 
books  to  which  this  is  a  general  introduction.  These 
books  are  designed  for  the  first  stage  of  the  formal 
study  of  the  subject  of  Government.  They  are  written 
on  the  theory  announced ;  viz. :  That  the  child's  political 
•education  begins  at  home,  and  should  for  a  time  proceed 
from  the  home  outward.  The  series  is  appropriately 
named  The  State  Government  Series.  A  volume  will 
be  given  to  a  State.  The  successive  volumes  will  first 
present  an  outline  sketch  of  the  civil  history  of  the  State, 
and  then  outline  sketches  of  the  State  and  National 
Governments  as  they  now  exist  and  operate. 

With  two  or  three  practical  suggestions  to  teachers, 
this  Introduction  may  fitly  close. 

The  first  of  these  suggestions  is  that  if  the  proper 
course  be  taken,  the  study  of  the  National  system  will 
not  be  deferred  until  the  pupil  has  made  a  complete 
survey  of  the  State  System.  The  State  system  can  no 
more  be  understood  alone  than  the  National  system  alone. 
When  the  intelligent  pupil,  and  particularly  a  boy,  is  old 
enough  to  take  up  one  of  the  volumes  of  this  series,  he 
will  already  have  made  some  progress  in  discriminating 
the  two  systems.  He  will  know  that  Congress  and  the 
President  belong  to  the  Nation,  the  Legislature  and  the 
Governor  to  the  State.  But  at  the  outset  it  may  be  ad- 
visable for  the  teacher  to  broaden  and  deepen  this  line 
of  division.  This  can  be  done,  if  need  be,  in  one  or  more 
oral  lessons  devoted  especially  to  the  subject.  More- 
over, the  teacher  should  keep  an  eye  on  this  line  from 
first  to  .last.  He  should  encourage  the  pupil  to  read  the 


GENERAL   INTRODUCTION.  25 

Constitution  of  the  United  States,  and  in  particular 
should  direct  his  attention  to  the  general  powers  of  Con- 
gress as  summed  up  in  Article  I,  section  8,  which  are 
the  driving  wheels  of  the  National  Government. 

The  second  observation  is  that  unremitting  care  must 
be  taken  to  make  the  instruction  real.  The  common- 
places  about  the  abstractness  and  dryness  of  verbal  in- 
struction, and  particularly  book  instruction,  will  not  be 
dwelt  upon,  except  to  say  that  they  apply  to  our  subject 
with  peculiar  force.  The  study  of  history,  when  it  is 
made  to  consist  of  memorizing  mere  facts,  is  to  the 
common  pupil  a  dry  and  unprofitable  study.  Still  more 
is  civil  government  dry  and  unprofitable  when  taught  in 
the  same  manner.  There  is  little  virtue  in  a  mere 
political  document  or  collation  of  political  facts.  The 
answer  that  the  school  boy  made  to  the  question, 
"  What  is  the  Constitution  of  the  United  States?"  is 
suggestive.  He  said  it  was  the  back  part  of  the  History 
that  nobody  read.  Hence  the  book  on  government  must 
be  connected  with  real  life,  and  to  establish  this  connec- 
tion is  the  business  of  the  teacher.  On  this  point  three 
•or  four  hints  may  be  thrown  out. 

The  teacher  should  not  permit  the  Governor,  for  ex- 
ample, to  be  made  a  mere  skeleton.  He  should  see 
rather  that  he  is  made  to  the  pupil  a  man  of  flesh  and 
blood,  holding  a  certain  official  position  and  exercising 
certain  political  powers.  It  is  better  to  study  the 
Governor  than  the  Executive  branch  of  the  government; 
better  to  inquire,  What  does  the  Governor  do?  than, 
What  are  the  powers  of  the  Executive  ? 

The  teacher  should  stimulate  the  pupil  to  study  the 
political  facts  about  him.  He  should  encourage  him  to 
observe  the  machinery  of  political  parties,  the  holding 
of  elections,  council  meetings,  courts  of  local  magis- 
trates, and  the  doings  of  the  policeman,  constable,  and 


26  GENERAL   INTRODUCTION. 

sheriff.  This  suggestion  includes  political  meetings  and 
conversations  upon  political  subjects.  By  observation 
an  undue  personal  attendance  upon  such  proceedings  is 
not  meant.  To  that,  of  course,  there  might  be  several 
objections. 

Pupils  in  schools  should  be  encouraged  to  read  the 
newspapers,  for  political  among  other  reasons.  The 
publications  prepared  particularly  for  school  use  to 
which  the  general  name  of  "Current  Events"  may  be 
given,  are  deserving  of  recommendation. 

Still  another  thought  is  that  the  study  be  not  made 
too  minute.  It  should  bear  rather  upon  the  larger 
features  of  the  special  topics.  This  remark  is  particu- 
larly applicable  to  the  judiciary,  which  nearly  all  persons 
of  ordinary  education  find  more  or  less  confusing. 

The  suggestions  relative  to  observation  of  political 
facts  are  peculiarly  important  in  a  country  like  our  own. 
To  understand  free  government,  you  must  be  in  touch 
with  real  political  life. 

In  teaching  Civil  Government,  the  first  point  is  to  de- 
velop Civic  Spirit — the  spirit  that  will  insist  upon  rights 
and  perform  duties. 

The  last  word  is  a  word  of  caution.  The  method  that 
has  been  suggested  can  easily  be  made  too  successful. 
Our  American  atmosphere  is  charged  with  political 
interest  and  spirit;  and,  while  the  pupil  who  takes  a 
lively  interest  in  current  politics,  as  a  rule,  will  do  better 
school  work  than  the  pupil  Who  does  not,  the  teacher 
must  exercise  care  that  partisan  spirit  be  not  awakened, 
and  that  occupation  in  current  events  do  not  mount  up 
to  a  point  where  it  will  interfere  with  the  regular  work 
of  the  school.  B.  A.  HINSDALE. 


PART    I 
THE    HISTORY   OF   LOUISIANA 


INTRODUCTION. 

The  region  to  which  the  name  of  Louisiana  was  originally  applied, 
«xtended  from  the  borders  of  Canada  to  the  blue  waters  of  the  Gulf 
of  Mexico,  and  from  the  Alleghany  range  on  the  east  to  the  Rocky 
Mountains  on  the  west.  This  vast  territory,  comprising  about  one 
and  one-quarter  millions  of  square  miles,  is  watered  by  the  Mississippi 
and  its  numerous  tributaries.  With  its  rich  soil,  its  salubrious  climate, 
and  its  superb  forests,  Louisiana  naturally  became  an  object  of  desire 
to  the  three  great  colonizing  nations  of  Europe — Spain,  France,  and 
England.  Spain  was  the  first  to  explore  it,  France  was  the  first  to 
colonize  it,  while  England,  in  1763,  obtained  by  treaty  nearly  all 
that  portion  of  it  lying  east  of  the  Mississippi;  but  the  manifest 
destiny  of  the  whole  region  seemed  to  be  that  it  should  pass  into 
the  possession  of  the  United  States  of  America. 

It  is  our  purpose  to  trace  in  brief  outline  the  history  of  Louisiana 
from,  the  earliest  times  down  to  the  present  day.  To  do  this  we  must 
transport  the  reader  back  to  the  sixteenth  century,  when  the  pioneers 
of  European  colonization,  their  imaginations  fired  with  dreams  of 
new  worlds  to  conquer  and  vast  wealth  to  acquire,  were  hazarding 
their  lives  in  exploring  the  strange  lands  of  this  continent. 


CHAPTER   I 

THE    SPANISH   EXPLORERS 

I .  Ponce  de  Leon  and  Narvaez. — As  early  as  the 
year  1513,  just  twenty-one  years  after  the  discovery 
of  America,  a  Spaniard  named  Ponce  de  Leon,  while 
seeking  that  wonderful  fountain  the  waters  of  which 

27 


28  HISTORY   OF   LOUISIANA 

were  fabled  to  renew  the  youth  of  the  old  and 
decrepit,  discovered  and  named  the  peninsula  of 
Florida.  This  expedition  opened  the  way  for  others, 
and  in  1528  Pamphilo  de  Narvaez  led  an  exploring; 
party  into  the  interior  of  Northwestern  Florida. 
Instead  of  making  friends  of  the  Indians  whom  he- 
met,  Narvaez  tried  to  subdue  them.  They  proved 
themselves,  however,  such  dangerous  enemies  that 
the  Spaniards  were  glad  to  retire  to  the  sea  coast. 
Here,  having  missed  the  vessels  that  brought  them, 
they  built  some  rude  boats  and  set  sail,  probably  from 
what  is  now  Choctawhatchee  Bay.  After  coasting  for 
many  days,  they  crossed  the  mouth  of  a  mighty  river, 
which  could  have  been  no  other  than  the  Mississippi 
itself.  The  discoverers  drank  of  the  fresh  water,  but 
their  frail  crafts  were  scattered  by  the  strong  current, 
and  the  vessel  in  which  Narvaez  had  embarked  was 
never  heard  of  again. 

Three  of  the  boats,  however,  were  cast  upon  the 
coast  of  what  is  now  Texas.  Here  the  survivors  were 
detained  among  the  Indians  for  six  years.  Finally 
Cabeza  de  Vaca,  the  treasurer  of  the  expedition,  suc- 
ceeded in  escaping,  and,  having  joined  several  of  his 
companions,  led  them,  after  many  extraordinary  adven- 
tures, to  a  Spanish  town  in  Mexico.  There  they  told 
the  tale  of  the  perils  they  had  survived.  They  were 
doubtless  the  first  Europeans  to  behold  the  Missis- 
sippi.* 

*The  famous  discovery  of  the  Mississippi  by  Pineda  in  1510  seem* 
to  have  proved  a  myth,  and  the  followers  of  Narvaez  deserve  that 
honor.  See  Dr.  Scaife's  Monograph  in  /.  H.  U.  Studies:  Extra. 
Vol.  XIII. 


THE    SPANISH    EXPLORERS 


29 


2.  Coronado's  Expedition. — Along  with  the  story 
of  their  adventures,    De   Vaca    and    his    companions 
related  that  the  Indians  had  told  them  of  immense 
herds  of  wild  cows  (buffalo  or  bison),  which  ranged 
over  the  plains  of  the  north;  and  of  the  "  seven  cities 
of  Cibola, "   where  there  was  abundance  of  gold  and 
silver,  and  where  the  doorways  of  the  houses  were  orna- 
mented with  precious  stones.     Aroused  by  these  tales, 
Mendoza,  the  Viceroy  of  Mexico,  sent  out  an  army  under 
Francisco  Vasquez  Coronado  to  subdue  this  wealthy 
country.     For  two  years  (1540-1542)  Coronado  wan- 
dered about  in  search  of  treasures,  but  found  none.' 
He  penetrated,  it  is  believed,  to  the  boundary  of  the 
present    State    of    Nebraska.      He  saw  the   herds    of 
buffaloes,  and  conquered  many  of  the  Indian  villages 
called  pueblos,  but  he  was  compelled  to  return  home 
with  no  other  fruits  of  his  long  marches. 

3.  The  Expedition  of  De 
Soto.  —  The    story    of     De 
Vaca's  adventures  stirred  the 
spirit    of    another    explorer, 
who,   a  few  years  later,  was 
to   penetrate  far  into  the  in- 
terior of    the    continent  and 
to    become   the    second    dis- 
coverer  of    the    great    river. 
This  was  Hernando  De  Soto. 

De  Soto's  ambition  was  to 

,         ,•  1£  ,    ,,  HERNANDO  DE  SOTO. 

make  himself    master  of  the 

country  which  Narvaez  had  failed  to  conquer.- 
Accordingly,  in  1539,  he  sailed  from  Cuba  and 
landed  in  what  is  now  Tampa  Bay.  He  had  with 


30  HISTORY    OF    LOUISIANA 

him  more  than  six  hundred  men,  well  armed  and 
provided  with  a  number  of  cannon  to  frighten  and 
subdue  the  natives.  These,  as  a  result  of  the  haughty, 
overbearing  conduct  of  the  Spaniards,  soon  proved 
themselves  either  treacherous  friends  or  open  enemies. 
It  was  not  long  before  De  Soto's  dream  of  conquering 
a  great  kingdom  and  carrying  back  to  Spain  vast 
treasures  from  the  Land  of  Flowers  began  to  grow 
dim.  The  Indians  frequently  cut  off  his  men  when 
they  wandered  from  the  camp,  and  on  more  than  one 
occasion  De  Soto's  own  life  was  in  danger.  But  he 
knew  no  fear,  and  courageously  marched  on  in  search 
of  the  gold  and  pearls  which  the  natives  assured  him 
could  be  found  if  he  would  only  penetrate  farther  to 
the  north.  The  savages  doubtless  adopted  this  as  a 
skillful  method  to  rid  themselves  of  their  unwelcome 
visitors;  for  De  Soto  never  found  any  treasures  except 
a  few  little  pearls,  which  were  given  to  him  by  one 
tribe  and  taken  from  him  by  another. 

4.  His  Journey  Northward. — Marching  through 
the  present  States  of  Georgia  and  South  Carolina,  the 
Spaniards  finally  reached  the  Tennessee  River.  They 
had  been  pursuing  a  will-o'-the-wisp,  and  many  months 
had  been  consumed  in  the  weary  journey.  De  Soto  then 
changed  his  route  and  marched  southwest  to  Mavilla 
(now  Mobile),  on  the  Alabama.  Here,  in  a  fierce  con- 
flict with  the  Indians,  he  lost  a  number  of  his  men, 
and  malaria  carried  off  a  great  many  more.  But  as  he 
had  sent  back  his  ships  to  Havana,  his  followers  could 
not  desert  him.  In  the  third  year  of  the  expedition, 
he  marched  from  Mobile  to  the  northwest,  until,  at  a 
point  somewhat  below  the  present  City  of  Memphis, 


THE    SPANISH    EXPLORERS  31 

he  reached  a  great  river.  This  proved  to  be  no  other 
than  the  Mississippi.  It  must  have  been  swollen  by 
heavy  rains  so  that  it  overflowed  its  usual  banks,  for, 
in  their  account  of  the  expedition,  the  Spaniards  say 
it  was  one  and  one-half  miles  wide,  and  "if  a  man 
stood  on  the  opposite  bank,  no  one  could  be  sure  if  it 
was  a  man  or  not. ' '  To  this  broad  stream  De  Soto 
gave  the  name  of  El  Rio  Grande  de  la  Florida  (the 
Great  River  of  Florida). 

5.  His  Death. — Crossing  the  river  on  rafts,  De  Soto 
wandered  around  till  he  reached  the  mouth  of  the  Red 
River.     Here,  worn  out  by  the  privations  of  the  long 
journey,  by  anxiety  for  the  safety  of  his  men,   and 
above  all  by  bitter  disappointment,  the  great  explorer 
fell  sick    and    died.     As  there  were    hostile    Indians 
near  by,  and  it  was  feared  that  the  death  of  the  chief 
might  incite  them  to  attack  the  survivors  of  the  expe- 
dition, the  body  of  De  Soto  was  concealed  for  a  few 
days,  and  was  then  placed  in  the  trunk  of  a  tree,  which 
was  weighted  and  sunk  to  the  bottom  of  the  Mississippi. 
Thus  in  that  mighty  river  of  which  he  is  called  the  dis- 
coverer, De  Soto  found  a  resting  place  after  his  weary 
wanderings.       Proud,    stern,   and    indefatigable,     he 
seemed  born  to   lead  men  through  dangers  and  mis- 
fortunes; but  his  expedition  had  been  one  of   failure 
and  disaster. 

6.  De  Soto's   Successor. — His  successor,  Luis  de 
Moscoso,  after  seeking  Mexico  in  a  long  but  fruitless 
journey   to    the   west,    returned    to    the    Mississippi. 
Here  he  and  his  men  built  seven  brigantines,  which 
they  launched  upon  the  river.     All  their  powder  was 
now   exhausted,    and   the    Indians,    growing   bolder, 


32  HISTORY   OF    LOUISIANA 

attacked  them  as  they  sailed  down  the  stream. 
Finally,  however,  the  mouth  of  the  Mississippi  was 
reached,  and,  after  coasting  along  Texas  for  nearly 
fifty  days,  the  wanderers  reached  the  Tampico  River 
in  Mexico.  Here  they  were  welcomed  by  some  of 
their  countrymen,  and  heard  once  more  their  native 
tongue.  They  were  bronzed  by  the  sun,  and  exhausted 
by  the  dangers  through  which  they  had  passed. 
Clothed  in  the  skins  of  wild  animals  and  emaciated 
by  hunger,  they  hardly  looked  like  human  beings. 
For  three  years  they  had  been  in  the  wilderness,  and 
scarcely  more  than  one-half  of  their  original  number 
had  survived.  The  old  chronicler  ends  his  story  of 
their  journey  and  their  safe  arrival  with  a  fervent 
Deo  Gr alias!  Thanks  to  God! 

7.  Result  of  the  Spanish  Explorations. — So 
great  was  the  disappointment  caused  by  the  failure  of 
De  Soto's  expedition  that  Spain  attempted  no  further 
exploration  of  the  Mississippi  Valley.  The  Spanish 
king  was  reaping  a  rich  harvest  of  wealth  from  the 
possessions  he  had  acquired  in  Mexico  and  Peru,  and 
he  thought  it  wise  to  discourage  the  few  adventurers 
who  proposed  to  follow  in  the  footsteps  of  De  Soto. 
As  late  as  the  beginning  of  the  seventeenth  century, 
only  two  settlements  had  been  made  by  Spain  in  what 
is  now  the  United  States.  These  were  St.  Augustine, 
on  the  coast  of  Florida,  and  Santa  F£,  in  what  is  now 
New  Mexico. 


CHAPTER  II 

THE    FRENCH    EXPLORERS 

8.  Marquette    and    Joliet. — One   hundred   and 
thirty  years   passed   before  any  further  attempt  was 
made  to  explore  the  giant  river  on  whose  bank  the 
adventurous  De  Soto  had  lost  his  life.      And  now  the 
French  were  to  take  up  the  task  that  the  Spaniards 
so  many  years  before  had  abandoned  in  despair.      In 
the  year   1673  the  Intendant  of  Canada,  which  had 
already   been    colonized    by    France,    was    a   certain 
Monsieur  Talon.     Having  heard  from  the  Indians  of  a 
great  river  which  flowed  towards  the  south,  and  which 
they  called  the  Meschacebe  (great  river),  Talon  deter- 
mined to  send  out  explorers  to  follow  its  course  to  the 
sea. .    His  plan  was  approved  by  Frontenac,  the  Gov- 
ernor of    Canada.     Their  choice   fell  upon  a   trader 
named  Joliet  and   a   priest    named   Marquette.     The 
latter,  who  spoke  six  Indian  dialects,  was  more  than 
willing  to  devote  himself  to  a  task  which  might  give 
him    opportunities   to    convert    the    savages    to    the 
Christian  faith.      "When  Joliet  came  with  an   order 
for    me    to  accompany  him,"    he  tells  us,  "I  found 
myself  in  the  happy  necessity  of  exposing  my  life  for 
the  salvation  of  all  these  tribes." 

9.  Marqnette   and  Joliet  Descend   the  Missis- 
sippi.— With    five    companions   these  bold  explorers 
penetrated  to  the  Wisconsin  River,  and  rowed  down 
it   in    their    birch-bark  canoes  till  they   reached  the 

33 


34  HISTORY    OF    LOUISIANA 

Mississippi.  They  descended  the  river  rapidly,  ob- 
serving the  plants  and  trees  along  its  banks  and 
casting  their  nets  in  its  •  waters  for  the  fish  they 
needed.  With  the  Illinois  Indians  they  smoked  the 
calumet,  and  the  priest  seized  the  opportunity  to  tell 
them  of  the  holy  religion  he  wished  to  preach  among 
them.  Then,  breathing  a  prayer  that  his  ministry 
might  touch  their  hearts,  Marquette,  with  his  com- 
panions, continued  the  voyage  down  the  river.  On 
they  went  beyond  the  mouth  of  the  turbid  Missouri, 
on  past  the  mouth  of  the  Ohio,  until  finally  they 
camped  near  the  mouth  of  the  Arkansas.  Here, 
assured  by  the  Indians  that  the  river  flowed  into  the 
Gulf  of  Mexico,  and  that,  if  they  continued,  they 
might  suffer  death  at  the  hands  of  the  Spaniards, 
Marquette  agreed  with  Joliet  that  it  would  be  best  to 
return  to  Canada.  Marquette  called  the  great  stream 
the  River  of  the  Immaculate  Conception. 

IO.  The  Return  of  the  Explorers. — Stemming 
the  current  with  their  canoes,  they  returned  to  Lake 
Michigan,  having  traveled  in  all  more  than  twerty- 
five  hundred  miles.  When  Joliet  told  his  tale  of 
adventure,  there  was  great  rejoicing  in  Canada.  The 
French  already  dreamed  of  seizing  the  new  territory 
thus  opened  to  them,  and  of  making  their  possession? 
extend  from  the  St.  Lawrence  to  the  Gulf,  into  which 
the  Mississippi  flowed. 

I  I .  La  Salle. — The  success  of  this  voyage  stirred 
the  ambition  of  another  Frenchman,  whose  name  will 
always  be  linked  with  that  of  Louisiana.  This  was 
Robert  Cavelier,  Sieur  de  La  Salle,  a  bold  and  daring 
adventurer,  bent  on  winning  for  himself  a  name  and 


THE    FRENCH    EXPLORERS  35 

a  fortune  in  the  New  World.  His  plan  was  to  set 
out  from  Canada,  take  possession  of  the  Mississippi 
Valley,  and  build  a  line  of  forts  along  the  river  to 
secure  the  country  to  the  French.  Having  received 
assistance  from  the  French  king,  the  famous  Louis 
XIV.,  La  .Salle  associated  with  himself  Henry  de 
Tonty — Tonty  of  the  Iron  Hand,*  an  Italian  soldier 
as  brave  as  himself — and  made  preparations  for  his 
voyage.  After  overcoming  many  obstacles,  the  explorer 
and  his  followers  reached  the  Mississippi  by  the  way 
of  the  Illinois  and  began  their  voyage  down  its  swift 
current.  In  dealing  with  the  Indians  along  the  route, 
La  Salle  showed  consummate  skill.  Just  below  the- 
mouth  of  the  Arkansas,  he  found  a  tribe  from  whom  the 
river  received  its  name.  Here  he  set  up  the  arms  of 
the  King  of  France,  thus  taking  formal  possession  of 
the  country.  ' '  These  Indians, ' '  says  a  narrative  of 
Ihe  expedition,  ''have  cabins  made  of  the  bark  of 
cedar.  They  have  no  other  worship  than  the  adoration- 
of  all  sorts  of  animals.  Their  country  is  very  beautiful, 
having  abundance  of  peach,  plum,  and  apple  trees. 
We  found  buffaloes,  bears,  and  turkeys,  and  they  even 
had  domestic  animals.  When  we  departed,  they  gave 
us  guides  to  conduct  us  to  their  allies,  the  Taencas 
(Tensas),  six  leagues  distant." 

12.  La  Salle  Reaches  the  Ghilf. — Finally,  on 
April  6,  1682,  the  adventurous  explorers  reached  the 
mouths  of  the  Mississippi.  Never  since  the  disastrous 
voyage  of  Muscoso,  one  hundred  and  forty  years  before, 
had  a  European  followed  the  great  river  to  its  mouth 

*Tonty  had  lost  a  hand,  but  he  had  replaced  it  with  one  of  iron, 
which  he  sometimes  used  to  crack  the  skulls  of  the  savages. 


36  HISTORY   OF   LOUISIANA 

and  gazed  upon  the  Gulf  of  Mexico.       Great  was  the 
joy  of  La  Salle  and  Tonty. 

1 3.  The  Naming  of  Louisiana. — The  three  chan- 
nels of  the  delta  were  carefully  examined;  then,  choos- 
ing an  elevated  spot  above  the  west  pass,  La  Salle 
erected  a  cross  and  a  column.     After  the.  Te  Deum 
had  been  chanted,  a   proclamation  was   placed   upon 
the  column,  by  which  the  commander,  in  the  name  of 
Louis  XIV. ,  took  possession  of  the  whole  vast  territory 
1 '  watered  by  the   Colbert  or  Mississippi  and  its  tribu- 
tary rivers,"  and  gave  to  it  the  name  of  Louisiana.     At 
the  foot  of  the  tree  to  which  the  cross  was  affixed, 
La   Salle  buried  a  leaden  tablet,   with  the  arms  of 
France  on  one  side  and  on  the  other  a  Latin  inscrip- 
tion.*    Thus  it  was  that  the  French  announced  their 
claim  to  the  broad  country  which  stretched  from   the 
sources  of  the   Mississippi  to  the  Gulf,  and  gave  it  a 
name   which   one  portion  of   it  bears   to  the  present 
day. 

14.  La  Salle's  Later   Career. — The  rest  of   La 
Salle's   history    must    be    briefly    related.       Having 
returned   to  France,  he  fitted  out  an   expedition   to 
colonize    Louisiana.      Unfortunately,    however,    after 
sailing  through  the  Gulf  of    Mexico,   he  missed  the 
mouths  of  the  Mississippi,  and,  landing  on  the  coast  of 
Texas,  began  a  settlement  far  to  the  west  of  his  origi- 
nal destination.      Subsequently  he  lost  his  life   at  the 

*The  inscription,  translated,  runs:  "  Louis  the  Great  reigns.  The 
9th  of  April,  1682,  Robert  Cavelier,  with  the  Sieur  de  Tonty,  a 
priest  and  twenty  Frenchmen,  was  the  first  to  navigate  this  river  from 
the  village  of  the  Illinois  down,  and  to  make  a  passage  through  its 
mouth." 


THE    FRENCH    EXPLORERS  37 

hands  of  one  of  his  own  treacherous  followers.  Daring 
in  spirit,  but  suspicious  and  imperious  in  temper,  he 
failed  to  win  the  love  of  his  subordinates.  His  brief 
career  casts  a  ray  of  romantic  light  across  the  early 
history  of  Louisiana. 


CHAPTER  III 


THE    COLONIZATION    OF    LOUISIANA 

The  failure  of  La  Salle  to  colonize  the  banks  of  the 
Mississippi  did  not  long  discourage  the  French.  There 
were  among  that  people  many  other  valiant  men  who 
were  ready  to  go  forth  into  what  was  then  a  wilder- 
ness; who  were  willing  to  brave  all  the  dangers  of  a 
country  where  they  would  be  separated  from  friends 
and  kindred,  and  where  they  would  be  constantly 

exposed    to   the   tomahawk 
and  the  scalping-knife. 

1 5.  Iberville. — After  the 
disastrous  peace  of  Ryswick 
(1697),  by  which  France  lost 
nearly  all  her  conquests  in 
Europe,  Louis  XIV.  thought 
it  wise  to  secure  Louisiana 
against  the  encroachments  of 
the  English.  Accordingly, 
in  1698,  Pierre  Le  Moyne 
d'Iberville  was  chosen  to  lead 
another  colony  to  Louisiana. 
By  birth  a  Canadian,  Iber- 
ville had  distinguished  him- 
self as  a  naval  commander  in  several  battles  with 
the  English.  He  was  well  fitted  for  the  enterprise 

with  which  he  was  now  entrusted. 

SB 


PIERRE  LE  MOYNE 


THE    COLONIZATION    OF    LOUISIANA  39 

16.  The    Colony   Crosses    the   Atlantic. — Four 
ships,  two  of  them  transports  loaded  with  supplies  and 
presents  for  the  Indians,  were  given  to  him,  and  with 
these  he  set  sail  to  convey  two  hundred  emigrants  to- 
the  New  World.     After  touching  at  St.  Domingo,  the 
French  sailed  over  to   Pensacola.     As  this  port  was 
already   occupied   by  the    Spaniards,  with  whom  he 
wished  to  keep   on  good  terms,  Iberville  sailed  on  to 
Mobile  Bay,  where  he  cast  anchor.      Here  there  was  no 
one  to  interfere  with  a  settlement,  unless  it  were  the 
Indians,    and    these    he    found    to    be    of    a    friendly 
disposition  as  long  as  they  were  well  treated. 

17.  The     Mississippi     Entered. — The    French 
cruised    among   the    islands  off  the  coast,  and  then, 
launching   their   boats,  they  set   out   to  discover  the 
mouths  of  the  Mississippi,     tberville  was  accompanied 
by  his  brother,  the  young  Sieur   de    Bienville,  after- 
wards famous  as  the  founder  of  New  Orleans,  and  by 
De  Sauvolle,*  who   afterwards  became  the  first  gov- 
ernor of   Louisiana.     Sailing    through    a    group    of 
islands,  which  they  named  Chandeleur,  the  French- 
men finally  crossed  a  strong  current  running  out  into 
the  Gulf.    When  they  tasted  the  water,  it  proved  to  be 
fresh.     Very  quickly  they  came  to  a  muddy  stream , 
which  they  thought  they  recognized  from  La  Salle's 
description  as  one  of  the  mouths  of  the  Mississippi. 
Tall  reeds  were  seen  in  abundance,  and  the  banks  were 
lined  with  immense  logs  brought  down  by  the  mighty 
current.      This  was  March  2,  1699,  seventeen  years 
after    La    Salle's    expedition    down    the    river    from 

*This  Sauvolle,  though  he  bore  the  same  name  as  one  of  Iberville's 
brothers,  was  not  a  relative. 


40  HISTORY    OF    LOUISIANA 

Canada.  The  crews  of  the  boats  now  landed,  and 
appropriate  religious  ceremonies  were  held  by  an 
accompanying  priest.  Once  more  a  Te  Deum  was 
chanted  at  the  mouth  of  the  Mississippi.  No  such 
music  had  been  heard  there  since  the  brave  but 
unfortunate  La  Salle  stood  upon  its  banks.^ 

1 8.  The  Voyage  up  the  River. — Embarking  once 
more,  the  explorers  rowed  up  the  river  as  far  as  the 
mouth  of  Red  River.      During  the  voyage  they  landed 
from  time    to  time  at   Indian  villages,  and  Iberville, 
though  he  hated  tobacco,  found  it  necessary  to  smoke 
the  calumet  with  the  friendly  chiefs.      On  their  return, 
Iberville  sent  his  companions  back  by  the  same  route, 
but   he  himself,    with    an    Indian    guide    and    three 
attendants,  rowed  down  Bayou  Manchac  and  through 
Lakes  Maurepas  and  Pontchartrain*  to  the  Rigolets. 
By  this  route  Iberville  reached  his  ships  a  little  before 
the  party  coming  down  the  river. 

1 9.  The  First  Capital. — As  he  had  found  no  spot 
on  the  banks  of  the  lower  Mississippi  that  was  not 
subject  to  the  annual  overflow  of  the  river,  Iberville 
decided  to  build  a  fort  on  the  east  side  of  Biloxif  Bay, 
in  the  present  State  of  Mississippi  (a  site  now  occupied 
by  the  town  of  Ocean  Springs).      This  little  fort  may 
be  called  the  first  capital  of  Louisiana,  for  many  years 
elapsed   before  Bienville  founded  New  Orleans.     In 
command  of  the  new  fort  Iberville  placed  De  Sauvolle, 
who  thus  became  the  first  governor  of  Louisiana  ;  and 
next  to  him  in  rank  was  Iberville's  brother,  Jean  Bap- 

*Iberville   named   Lake  Pontchartrain  after  the  Minister  of  the 
Marine,  and  Maurepas  after  the  minister1  i  son. 
f Biloxi,  named  after  a  tribe  of  Indians 


THE    COLONIZATION    OF    LOUISIANA  41 

tiste  Le  Moyne,  Sieur  de  Bienville.  Having  made 
these  arrangements,  Iberville  set  sail  for  France. 

2O.  The  Prospects  of  the  Colony. — The  advan- 
tages of  the  new  country  had  already  been  described 
in  glowing  colors  by  De  Remonville,  a  friend  of  La 
Salle;  and  it  was  believed  that  France  would  draw  a 
rich  revenue  from  the  colony.  The  climate  was 
declared  to  be  almost  perfect,  there  being  little  or  no 
cold  weather.  The  fertile  hills  and  dales  would  pro- 
duce two  crops  of  Indian  corn  a  year,  while  the 
woods  were  rilled  with  game  and  every  kind  of  wild 
cattle.  On  the  plains  of  Texas,  then  regarded  as  a 
part  of  Louisiana,  horses  ran  wild,  or  they  could  be 
purchased  from  the  Indians  for  a  few  trinkets.  The 
skins  of  buffaloes  and  other  wild  animals  would  be  an 
article  of  trade  with  the  Indians,  and  could  be  shipped 
to  the  mother  country  in  large  quantities.  The  lofty 
forests  that  covered  a  large  part  of  the  country  would, 
when  felled  by  the  colonists,  furnish  masts  and  timbers 
for  whole  fleets  of  ships.  The  land,  thus  cleared, 
would  produce  an  abundance  of  tobacco  and  long- 
staple  cotton.  But  above  all,  rich  mines  of  lead,  tin, 
and  copper  would  reward  the  diligent  explorer. 

2  I .  Sugar  Cane. — Such  was  the  prophecy  made 
for  Louisiana.  Of  the  sugar  cane,  which  one  hun- 
dred years  later,  under  the  skillful  management  of 
Etienne  de  Bore*,  was  to  be  a  source  of  such  wealth 
and  prosperity,  hardly  any  mention  was  yet  made. 
On  one  of  his  excursions  to  Lake  Pontchartrain  in 
1 700,  Iberville  planted  some  sugar  canes  from  St. 
Domingo,  but  unfortunately  they  were  already  sour, 
and  the  pith  had  turned  yellow.  In  speaking  of  the 


42  HISTORY    OF    LOUISIANA 

experiment,  he  writes:  "  I  set  out  several  plants  from 
St.  Domingo,  and  they  all  succeeded  except  the  sugar 
canes,  which  did  not  come  up. " 

22.  The  Visit  of  the  English. — On  the  departure 
of  Iberville,    Sauvolle,  finding  that  the  colony  was  in 
need  of  many  necessaries  of  life — for   many  years  a 
chronic    state    of    affairs — sent  a  vessel    over  to  St. 
Domingo  to  procure  provisions.   When  this  was  done, 
he  thought  it  wise  to  conciliate  the  Indians,  who  were 
within   easy  reach  of  the  fort.      Accordingly,   young 
Bienville,  who  was  brave  and  fond  of  adventures,  was 
sent  out  with  exploring  parties.      Visiting  the  shores  of 
Lake  Pontchartrain  and  the  banks  of  the  Mississippi, 
he  soon  learned  to  know  the  country  and  to  speak  the 
language  of  the  natives.     On  one  occasion,  as  he  was 
descending  the  river,  he  met  an  English  vessel  armed 
with  sixteen  guns,  which  had  been  sent  to  explore  the 
Mississippi.       Bienville,    with    ready     wit,    went    on 
board,  and,  by  representing  to  the  captain  that  the 
French  were  already  in   possession,  induced  him  to 
retire.       The    place  of   this    meeting,   some   distance 
below  New  Orleans,  is  still  called  the  "English  Turn." 
It  is  interesting  to  speculate  what  would   have  been 
the  fate  of  Louisiana  if  it  had  been  colonized  by  the 
English.    Certainly  its  whole  history  during  the  eight- 
eenth century  would  have  been  very  different.     When 
Iberville  heard  of  this  adventure,  he  built  a  fort  fifty- 
four  miles  above  the  mouth  of   the  river  to  keep  out 
all  intruders,  and  placed  Bienville  in  command.    This 
was  the  first  establishment  of  the   French  within  the 
present  limits  of  Louisiana. 

23.  State  of  the  Colony. — In  the  meantime  the 


THE    COLONIZATION    OF    LOUISIANA  43 

colony  at  Biloxi  was  -not  in  a  flourishing  condition. 
When  the  provisions  from  France  and  St.  Domingo 
were  exhausted,  there  was  little  to  eat  except  what 
game  could  be  killed  or  what  fish  could  be  caught, 
and  most  of  the  colonists  seem  to  have  been  too  lazy 
even  to  hunt  and  fish.  Sauvolle  has  left  us  a  journal 
of  his  experiences  as  governor,  and  a  sad  story  it  tells. 
He  complains  bitterly  of  the  behavior  of  the  colonists, 
saying  that  they  often  refused  to  obey  his  orders,  and, 
when  any  serious  work  was  to  be  done,  he  had  to  go 
himself,  pull  them  out  of  their  beds,  and  stand  by 
them  till  the  work  was  finished.  To  add  to  the  general 
discontent,  heavy  rains  continued  to  deluge  the  coun- 
try, and  with  them  there  came  a  terrible  malady, 
which,  it  is  now  believed,  was  no  other  than  the 
dreaded  yellow  fever  of  our  own  day.  In  a  very  short 
time  not  only  was  the  colony  reduced  from  two  hun- 
dred to  one  hundred  and  thirty-nine  persons,  but 
Governor  Sauvolle  himself,  after  heroic  exertions  to 
make  the  settlement  a  success,  took  the  fever  and 
died. 


CHAPTER    IV 


BIENVILLE    GOVERNOR.       FIRST    TERM,    1701-1713 

24.  The  Transfer  of  the  Capital. — After  the  death 
of  Sauvolle,  Bienville  was  placed  at  the  head  of  the 
colonial  government.  Both  he  and  Iberville  saw 
that,  if  the  colony  was  ever  to  succeed,  there  must 

be  cultivation  of  the  soil. 
Unfortunately,  however,  the 
land  around  Biloxi  was  far 
from  fertile.  There  were 
long  stretches  of  sand  which 
reflected  the  sun  and  injured 
the  eyes  of  the  colonists, 
while  the  plants  that  were 
set  out  never  seemed  to 
flourish.  Accordingly,  Iber- 
ville determined  to  leave 
Biloxi  and  transfer  the  col- 
ony to  the  west  bank  of 
the  Mobile  River.  Here  a 
fort  was  built  of  consider- 
Some  time  after,  however,  the 
river  having  overflowed  its  banks,  the  fort  was  so 
badly  inundated  that  it  had  to  be  abandoned. 
Another  fort  was  now  constructed  on  a  creek  of 
Mobile  Bay.  The  ruins  of  this  fort  were  for 
a  long  time  visited  by  travelers,  but  they  have 
finally  disappeared.  At  the  new  fort  famine  did 


GOVERNOR 


able   dimensions. 


BIENVILLE,    GOVERNOR  45 

• 

not  fail  to  make  its  appearance.  In  the  meantime, 
France  could  do  almost  nothing  for  the  colony.  She 
was  carrying  on  with  England  the  War  of  the  Spanish 
Succession,  in  which,  while  losing  all  the  battles,  she 
was  expending  all  the  money  that  could  be  wrung 
from  the  French  people. 

25.  "Wives  for  the  Colonists. — In  1704,  however, 
a  pleasant  little  incident  brought  some  excitement  to 
the   settlement   at    Mobile.     A  ship  with  provisions, 
arriving  from  France,  conveyed  to  Bienville  a  letter 
from  the  French  Minister,  announcing  that  his  Majesty, 
Louis   XIV.,    had    determined  to    send  over  twenty 
young  women  of  modest  behavior  and  honest  life,  who 
had  been  selected  as  wives  for  the  colonists.     This 
band  of   young  women,    the  first  that  came  to  the 
colony,  received  a  hearty  welcome.       Almost  as  soon 
as  they  arrived,  they  were  provided  with  husbands; 
and    though    they    afterwards    rebelled    against    the 
coarse  fare  of  Indian  corn  to  which  they  were  sub- 
jected, they  seem  to  have  lived  happily  in  their  new 
homes.     In    1704  the  first  white  child  was  born  in 
the  colony.      This  young  Creole   was  christened  Jean 
Frangois  Le  Camp. 

26.  Internal  Dissensions. — The  complaints  about 
the  coarse  fare  were  not  the  only  annoyances  that  dis- 
turbed the  equanimity  of   Governor  Bienville.      There 
was  a  bold  priest  at  Mobile  who  did  not  hesitate  to 
accuse  the  governor  to  his  face  of  misappropriating 
and  wasting  the  public  stores.      He  and  a  certain  M. 
De  la  Salle  sent  over  so  many  complaints  to  France 
that  in  1707  the  government  decided  to  remove  Bien- 
ville.      There   seems  to   have   been    no   truth   in   the 


46  HISTORY    OF    LOUISIANA 

charges  preferred  against  the  governor,  but  he  had 
no  longer  at  the  French  court  his  brother  Iberville 
to  defend  his  character.  That  famous  explorer  had 
died  at  Havana  of  the  yellow  fever.  The  successor  of 
Bienville  was  a  Monsieur  Muys,  but  he  died  on  his  way 
to  Louisiana;  and  D'Artaguette,  who  was  sent  over  as 
commissary,  found  Bienville  so  popular  among  the 
colonists  that  he  allowed  him  to  continue  to  act.  as 
governor. 

27.  Lack  of  Prosperity. — Still,  the  misery  of  the 
inhabitants  continued  to  increase.      They  did  raise  a 
little  tobacco   around  Mobile,  but  they  were  always 
praying  for  provisions  from  France  or  borrowing  them 
from  the   Spaniards  at   Pensacola.       Bienville  wrote 
that  they  would  soon  have  to  live  on  acorns.     In  fact, 
many  of  the  young  men  were  allowed  to  leave  the  set- 
tlement and  live  among  the  Indians,  by  whom  they 
were  kindly  received  and  supplied  with  all  they  needed. 
In  the  Indian   camps  they  learned  how  to  track  the 
deer  and  to  join  in  the  weird  dances  around  the  fire  at 
night.     This  wild  kind  of   life  was  far  more  agreeable 
than  tilling  the  soil  about  the  fort,  but  it  was  far  less 
profitable. 

28.  The  Grant  to  Crozat. — The  young  governor 
now  learned  that  Louis  XIV. ,  worn  out  by  the  terrible 
conflict  with  England  and  by  the  burden  of  old  age, 
was  looking  about  him  for  some  one  who  would  under- 
take the  task  of  managing  the  large  but  unremunerative 
province  of  Louisiana.     Such  a  person  was  discovered 
in  Sieur  Anthony  Crozat,  a  great  banker  of  France, 
who  vainly  imagined  that  he  could  increase  his  already 
large  fortune   by  obtaining  exclusive  control  of  the 


BIENVILLE,    GOVERNOR  47 

commerce  with  the  new  colony,  and  above  all  by 
working  the  mines  of  gold  and  silver  which  were  con- 
fidently believed  to  exist  within  its  borders.  Accord- 
ingly, letters  patent  were  issued  to  the  new  pro- 
prietor, giving  him,  under  certain  conditions,  exclusive 
control  of  the  trade  of  the  province  as  far  north  as  the 
Illinois,  while  the  king  stipulated  that  the  royal 
treasury  should  receive  a  share  of  the  profits  from  the 
mines  of  gold  and  silver  and  precious  stones.  This 
grant  was  made  in  1712. 

29.  De    la   Mothe    Cadillac,    Governor.  —  The 
governor  now  placed  over  the  province  was  M.  Cadil- 
lac, and  the  office  of  lieutenant-governor  was  conferred 
on  Bienville.     Cadillac,  to  whom  Crozat  had  promised 
a  certain  percentage  of  his  profits,  had  great  schemes 
for  opening  an  extensive  trade  with  Mexico,  and  of 
discovering  rich  mines  along  the  Mississippi.     Trading 
posts  were  established,  the  most  important  one  being 
on  the  present  site  of  Natchitoches,  under  St.  Denis, 
one  of  the  most  romantic  characters  in  early  Louisiana 
history.      But  the   Spaniards  were   suspicious  of  the 
French,  and,  with  the  short-sighted  policy  of  that  day, 
wished  to  keep  the  Mexican  trade  to  themselves.  *    As 
to  the  mines,  lead,  iron,  and  copper  were  to  be  found 
in  Louisiana,  but  Cadillac  soon  discovered  it  would 
cost  more  to  work  the  mines  than  they  were  worth. 

30.  The   Natchez   War. — In   the    meantime  the 
Natchez  Indians  had  killed  some  Frenchmen,  who  had 
fallen   into   their   hands.       The  governor,    who    had 
quarreled  with  Bienville,  and  doubtless  wished  to  get 

*  The  only  trading  privileges  granted  by  the  Spaniards  were  to  the 
English. 


48  HISTORY    OF    LOUISIANA 

rid  of  him,  sent  the  young  man  with  a  small  force  to 
chastise  the  troublesome  savages.  This  task  Bienville 
accomplished  by  means  of  strategy.  Decoying  the 
chiefs  into  a  conference,  he  held  them  captive  until  he 
had  compelled  the  tribe  to  submit  to  all  his  demands. 
Throughout  the  campaign  he  exhibited  an  ability  that 
stamped  him  as  a  consummate  commander.  When 
Bienville  returned,  he  found  that  Cadillac  had  been 
recalled,  and  that  he  himself  had  been  again  placed  at 
the  head  of  affairs,  pending  the  arrival  of  the  new 
governor,  M.  De  1'Epinay. 

31.  Crozat  Resigns  His  Charter. — Under  the 
new  governor  (1/17),  there  was  no  greater  prosperity 
than  under  the  old  one.  It  is  not  surprising,  there- 
fore, that  Crozat  grew  weary  of  his  expensive  province. 
His  monopoly  of  trade  had  brought  him  no  great 
income,  and  the  ships  he  sent  out  had  cost  him  a  large 
part  of  his  fortune.  Accordingly,  he  determined,  by 
the  resignation  of  his  charter,  to  restore  the  province 
to  the  King. 


CHAPTER  V 

THE    COMPANY    OF    THE    WEST, 

32.  The  New  Charter. — Louis  XV.  was  now  King 
of  France,  but,  as  he  was  too  young  to  rule,  the  reins 
of  government  had  fallen  into  the  hands  of  his  uncle, 
the  Duke  of  Orleans,  as  regent.  The  French  govern- 
ment, unwilling  to  accept  so  heavy  a  burden  upon  the 
royal  purse,  decided  to  transfer  the  Province  of 
Louisiana  from  Crozat  to  a  newly  chartered  company, 
whose  wild  speculations  ended  in  the  famous  Missis- 
sippi Bubble.  At  the  head  of  the  new  company, 
which  was  afterwards  incorporated  with^the  Company 
of  the  Indies,  was  a  Scotchman  named  John  Law,  who, 
after  a  reckless  and  extravagant  career  in  London,  had 
transferred  the  scene  of  his  operations  to  Paris.  Here, 
by  bold  financial  schemes,  he  hoped  to  recruit  his 
ruined  fortunes.  France,  exhausted  by  war  and  over- 
whelmed with  debt,  eagerly  adopted  any  plans  that 
promised  to  fill  the  empty  treasury.  What  a  splendid 
opportunity  this  great  Province  of  Louisiana  offered  to 
the  fertile  brain  of  John  Law!  Its  commerce,  its 
mines  of  gold  and  silver,  he  declared,  would,  if  properly 
managed,  pay  off  the  national  debt  of  France  and 
make  the  fortune  of  all  the  stockholders.  The  charter 
of  the  company*  was  to  last  twenty-five  years,  during 

*The  Illinois  district,  which,  under  Crozat's  charter,  was  depend- 
ent upon  Canada,  was  now  (1717)  incorporated  with  the  government 
of  Louisiana,  but  it  was  governed  by  a  special  officer.  Under  the 
Company  of  the  West,  the  first  commandant  placed  over  the  district 
was  Pierre  de  Boisbriant. 

49 


50  HISTORY    OF    LOUISIANA 

which  time  the  directors  bound  themselves  to  send 
over  6,000  white  persons  from  France  and  3,000 
negroes  from  the  coast  of  Africa.  In  the  Journal 
Historique*  it  is  stated  that  there  were  at  this  time 
(1718)  in  the  colony  700  persons  and  400  cattle,  but 
that  the  cultivation  of  the  soil  was  still  neglected. 
The  garrison  and  the  colonists  preferred  to  trade  with 
the  Indians,  and  with  the  Spaniards  at  Pensacola, 
which  trade  brought  them  twelve  thousand  dollars  a 
year.  "It  would  have  been  better, "  continues  the 
Journal,  ' '  to  build  on  the  banks  of  the  Mississippi  and 
live  by  the  cultivation  of  tobacco,  indigo,  silk,  rice,  and 
other  kinds  of  grain." 

33.  New  Orleans  Founded,  1718. — In  1718, 
Bienville,  who  had  been  reappointed  governor  when 
the  Western  Company  took  possession,  determined  to 
carry  out  a  plan  which  he  had  long  nourished  of  mak- 
ing a  settlement  on  the  banks  of  the  Mississippi.  The 
land  in  the  neighborhood  of  Biloxi  and  Mobile  was  not 
well  suited  for  agriculture,  while  he  knew  the  alluvium 
of  the  Mississippi  Valley  to  be  of  extraordinary  fertility. 
Fifty  men,  therefore,  were  sent  over  to  the  Mississippi, 
with  orders  to  clear  away  the  thick  undergrowth  and 
to  build  barracks  for  the  soldiers.  The  spot  chosen  by 
Bienville  was  within  easy  reach  of  Lake  Pontchartrain 
and  not  too  far  from  the  mouth  of  the  river.  The 
site,  unfortunately,  was  both  low  and  marshy.  It 
seemed  the  natural  abiding  place  of  the  bittern  and  the 
alligator;  but  the  buildings  were  erected,  and  Bienville 
gave  to  the  new  settlement  the  name  of  La  Nouvelle 
Orleans,  in  honor  of  the  Duke  of  Orleans,  Regent  of 

•Author  supposed  to  be  a  geographer  named  Beaurain. 


THE    COMPANY    OF    THE    WEST  51 

France.  Bienville  would  have  been  happy  to  move 
the  capital  from  Mobile  to  the  new  establishment  with- 
out further  delay,  but  in  this  matter  he  met  with 
violent  opposition  from  the  general  manager  of  the 
company,  M.  Hubert,  who  maintained  that  New 
Orleans  was  subject  to  overflow,  and  that  the  mouths  of 
the  Mississippi  were  too  shallow  to  admit  large  vessels. 
For  a  while  Hubert's  opinion  prevailed,  and,  as  Mobile 
was  an  inconvenient  point  to  receive  the  crowds  of 
immigrants  who  were  pouring  in,  the  company 
decided  to  move  their  headquarters  back  to  the  old 
location  on  the  east  side  of  Biloxi  Bay.  When  the 
fort  here  was  accidentally  burned,  a  new  one  was  built 
on  the  west  side  of  the  same  bay,  and  received  the 
name  of  New  Biloxi. 

34.  Pauger's  Report. — In  1 722  a  French  engineer 
named  Pauger  was  sent  to  make  an  examination  of  the 
mouths  of  the  Mississippi.      In  his  report  he  declared 
that  in  the  southeast  pass  he  had  found  eighteen  feet 
of  water — a   sufficient  depth   for  large  vessels.       He 
further  declared  that  the  mass  of  sand  at  the  mouth 
of  the  pass  would  be  swept  away  by  the  current,  if 
dikes  were  built  along  the  sides  of  this  pass,  and  the 
other  passes  were  blocked  up  with  sunken  vessels  and 
cypress   logs.      This  report    is    especially    interesting 
because  in  our  own  day  the  plan  suggested  by  Pauger 
has  been  successfully  carried  out  in  the  Eads  Jetty 
system  of  the  South  Pass.       Through  the  pass  of  the 
Balize,  Bienville  now  sent  a  large   vessel   at  his  own 
risk,  thus  convincing  the  general  manager  that  ships 
of  heavy  burden  could  go  up  to  New  Orleans. 

35.  Charlevoix  at   New   Orleans. — In    1722    a 


52  HISTORY    OF    LOUISIANA 

priest  named  Charlevoix  came  down  the  Mississippi 
and  visited  New  Orleans.  In  his  description  of  it, 
he  says  that  some  two  years  before  the  newspapers 
in  Europe  had  described  the  town  as  possessing  two 
hundred  fine  houses,  but  that,  on  his  arrival,  he  could 
find  only  a  hundred  barrack-like  buildings,  placed 
about  in  no  great  order.  There  were,  besides,  a  large 
store-house  built  of  wood,  and  two  or  three  residences 
which  would  be  no  ornament  to  a  village  in  France. 
In  spite,  however,  of  its  sorry  appearance,  the  good 
priest  seemed  to  foresee,  with  a  prophetic  eye,  the 
future  greatness  of  the  little  settlement;  for  he  adds  : 
<4  I  have  a  well-grounded  hope  that  this  wild  and 
desert  place,  which  the  reeds  and  trees  do  yet  almost 
wholly  cover,  will  be  one  day — and  perhaps  that  day 
is  not  far  distant — an  opulent  city  and  the  metropolis 
of  a  great  and  rich  colony."  The  same  year  in  which 
Charlevoix  visited  New  Orleans,  Bienville's  advice  was 
at  last  accepted,  and  all  the  stores  of  the  company 
were  transferred  to  the  new  settlement  on  the  banks 
of  the  Mississippi.  In  spite  of  the  many  difficulties 
he  had  yet  to  encounter,  Bienville  never  had  occasion 
to  regret  the  step  he  had  taken. 

36.  Immigration. — Large  grants  of  land  were 
now  made  to  prominent  families  of  France,  who 
promised  to  send  over  colonists  to  occupy  them.  Of 
the  settlers  thus  sent  over,  many  perished  in  the  wild 
swamps  of  Louisiana;  others  maintained  a  precarious 
existence  by  trade  with  the  Indians.  It  was  a  repe- 
tition of  the  early  history  of  Virginia  and  Massachu- . 
setts.  Law  himself,  the  president  of  the  company, 
had  received  as  his  share  a  grant  of  twelve  miles 


THE    COMPANY    OF    THE    WEST  53 

square  on  the  Arkansas.  To  this  he  sent  over  a  large 
number  of  honest  German  settlers.  Worn  out  by 
hardships,  however,  these  afterwards  came  down  to 
New  Orleans  and  prayed  to  be  sent  back  to  their  own 
country.  With  some  difficulty  they  were  persuaded 
to  seek  homes  in  the  parishes  just  above  the  city. 
Here  they  prospered,  and  here  their  descendants  are 
to  be  found  at  the  present  day. 

37.  Slaves. — In  1719*  the  first  cargo  of  slaves, 
five  hundred  in  number,  reached  Louisiana  from  the 
coast  of  Africa.  Later  on,  many  more  of  these  unfor- 
tunate people  were  brought  over;  but,  while  they  added 
to  the  wealth  of  the  colony,  they  became  a  source  of 
fear  and  danger,  and  eventually  they  retarded  the 
development  of  the  country.  With  some  of  this  first 
cargo  of  slaves  the  company  began  to  lay  out  and 
cultivate  a  plantation  opposite  to  New  Orleans,  f 

*Just  one  hundred  years  after  the  first  cargo  landed  at  Jamestown, 
Virginia 

fThe  price  of  a  slave  at  this  period  was  only  $150. 


CHAPTER  VI 

THE  COMPANY  OF  THE  WEST  (CONT.) 

38.  The  Bubble. — In  the  meantime  Law,   by  his 
magnificent  promises,   had  inflated  the  stock   of   the 
company  in  Paris  till  it  sold  for  forty  times    its  par 
value.     There  followed  a  wild  carnival  of  speculation, 
in  which  men  and  women  alike  participated.      But  the 
day  of  reckoning  was  near  at  hand.      No  money  came 
from  Louisiana  to  pay  large  dividends.      Some  of  the 
speculators  began  to  suspect  that  they  were  the  vic- 
tims of  a  gigantic  fraud.      This  suspicion  was  followed 
by  a  panic  and  a  "run"  on  the  bank  of  the  company. 
Thousands  of  the  creditors  were  ruined  in  a  day.    Law 
himself,    his  carriage  torn    to    pieces    by     the   mob, 
escaped  with  difficulty  to  take  refuge  in  Italy.      When 
the  news  of  this  collapse  reached    Louisiana  in  1721, 
the  paper  money  issued  by  the  company  fell  in  value 
until  it  was  nearly  worthless,  and   the  colonists  were 
on  the  verge   of   despair.       The  company,   however, 
though  it  had  lost  its  president,   continued   for  eleven 
years  to  do   what  it  could  to  advance  the  interests  of 
the  colony. 

39.  Organization. — For    religious    purposes    the 
province  was  divided.     All  the  country  above  Natchez 
was  transferred  to  the  care  of  the  Jesuits,  while  New 
Orleans  and  the  district  south  of  Natchez  were  placed 
under  the  control  of  the  Capuchins.     There  was  much 
contention  between  these  two  orders,  and  the  Jesuits, 

64 


THE    COMPANY    OF    THE    WEST  55 

in  course  of  time,  came  to  New  Orleans  and  estab- 
lished themselves  there.  For  governmental  purposes 
the  province  was  divided  into  nine  districts,  each 
under  the  control  of  a  commander  and  a  judge,  or  by 
one  person  holding  both  offices.  These  districts  were 
as  follows  :  District  of  the  Alibamons,  of  Mobile, 
Biloxi,  Yazoo,  Illinois  and  Wabash,  Natchitoches, 
Natchez,  and  New  Orleans.  A  superior  council  at 
New  Orleans,  however,  with  the  governor  as  nominal 
president,  was  the  highest  tribunal  of  the  province. 
Thus  the  principle  of  organization  began  to  make 
itself  felt  in  Louisiana,  but  there  was  none  of  that 
admirable  self-government  which  existed  at  this  period 
in  the  English  colonies  of  Virginia  and  Massachusetts. 
Louisiana  had  no  representative  assembly.  Every- 
thing was  determined  in  France.  Hence  all  the  laws 
were  external  to  the  colonists.  Herein  lay  the  source 
of  failure  that  attended  the  colonial  system  of  both 
France  and  Spain. 

4O.  The  Indians. — In  spite  of  the  opposition  he 
often  encountered  from  the  officers  of  the  company, 
Bienville  had  been  very  successful  in  governing  the 
colony,  and  especially  in  protecting  it  against  the 
Indians.  About  this  time,  however,  the  Natchez  began 
to  give  trouble  once  more.  News  reached  New 
Orleans  that  they  had  murdered  some  Frenchmen 
whom  they  had  captured.  Bienville's  method  of 
punishing  the  savages  was  not  only  treacherous,  but 
also  most  unwise.  He  first  patched  up  a  peace  with 
them,  and  then  falling  upon  them,  he  brought  back  to 
New  Orleans  the  heads  of  the  offenders.  Naturally 
the  desire  of  this  tribe  for  vengeance  never  slept.  In 


56  HISTORY    OF    LOUISIANA 

fact  most  of  the  tribes  in  Louisiana  began  to  look  upon 
the  French  with  growing  suspicion,  for  they  seemed  to 
foresee  the  day  when  they  would  have  to  relinquish 
their  lands  to  the  foreigners.  Hence  quarrels  grew 
more  frequent.  Little  bands  of  savages  would 
descend  in  the  night  upon  the  more  remote  settle- 
ments, and  carry  off  the  scalp  of  every  man,  woman, 
and  child.  The  French,  unlike  the  Spaniards  at  a 
later  day,  made  too  little  effort  to  win  the  friendship 
of  their  red-skinned  neighbors.  They  began  to  treat 
the  savages  just  as  the  latter  treated  the  whites.  Gov- 
ernor Perier,  for  instance,  having  ta^en  some  Indian 
prisoners,  burned  some  of  them  alive,  and  sent  many 
of  them  to  be  sold  as  slaves  in  San  Domingo.  Such 
a  spirit  of  retaliation  bore  bitter  fruit. 

41.  Recall  of  Bienville. — In  1724  Bienville,   who 
had  many  enemies  among  the  agents  of  the  company, 
was  summoned  back  to  France.      He  was  accused  of 
having  looked  after  his  own  interests  and  neglected 
those  of  the  company.     It   was   even  maintained  that 
while  he  was  governor,  he  had  succeeded  in  laying  up 
a  large  fortune.    It  seems  certain,  however,  that  when 
he  returned  to  France  after  nearly  twenty-seven  years 
of  service,    he   was   worth  only  $12,000 — a  sum  that 
must   be  regarded  as  insignificant  when   we  consider 
how    much    he    had    labored    for   his    country.       In 
Bienville's    place   an    officer   named    Boisbriant   was 
appointed  temporary  governor,  until  Perier,   the  new 
governor,  should  arrive. 

42.  The    "Casket   Girls." — The  second   year   of 
Perier's  administration    is    made    memorable    by    an 
interesting  event.     Many  of  the  women  sent  over  to 


THE    COMPANY    OF    THE    WEST  57 

Louisiana  had  proved  to  be  neither  respectable  nor 
useful  members  of  the  colony.  The  province,  more 
than  once,  had  been  made  a  place  of  refuge  for  vaga- 
bonds both  male  and  female.  But  in  1727  there  came 
over  a  number  of  poor  but  reputable  girls  as  wives  for 
the  colonists.*  Each  of  them  was  provided  with  a 
little  box  containing  all  her  worldly  belongings.  From 
this  fact  they  received  the  name  of  casket  girls  (ftlles 
£  la  cassette. ) .  They  were  placed  under  the  care  of 
some  Ursuline  nuns,  who  had  come  over  to  take 
charge  of  the  hospitals  and  the  female  schools.  With 
them  the  "casket  girls"  remained  till  they  were 
sought  in  marriage  by  the  young  men.  They  had  not 
long  to  wait.  In  fact  wives  were  so  scarce  in  Louisi- 
ana that  some  of  the  men,  much  to  the  disgust  of  the 
priests,  intermarried  with  the  soft-eyed  Indian 
maidens. 

43.  The  First  Levee. — The    same    year    (1727), 
Gov.  Perier  wrote  as  follows  to  the  French  govern- 
ment :    "I    have  had    constructed    in    front    of    New 
Orleans  a  levee  900  feet  in  length  and  18  feet  thick. 
Other    levees     will     be    built     this    year    from     18 
miles    above    the   city    to    a    point    18     miles    below. 
These,  though  not  so  strong  as  the  city  levee,  will  pre- 
vent the   Mississippi   from  overflowing  the  country. ' ' 
Such  was  the  humble  beginning  of   the  great  levee 
system  that  now  confines  the  waters  of  the  river. 

44.  The    Natchez    Massacre. — Perier's  adminis- 
tration,  however,    was  marked   by  warlike  as  well  as 
peaceful  events.      At  Fort  Rosalie  in  Mississippi,   the 
Natchez   Indians,   infuriated   by  the  overbearing  con- 

*  A  similar  band,  as  we  have  seen,  had  been  sent  over  in  1704. 


58  HISTORY    OF    LOUISIANA 

• 

duct  of  the  commander  of  the  fort,  who  tried  to  rob 
them  of  one  of  their  villages,  fell  upon  the  garrison 
and  the  settlement  with  terrible  ferocity.  At  least 
two  hundred  scalps  were  taken,  and  many  women  and 
children  were  carried  off  into  captivity.  Great  was 
the  excitement  in  New  Orleans  when  the  news  of  this 
disaster  reached  the  city.  To  avenge  the  massacre 
Perier  fitted  out  a  large  expedition  and  marched 
against  the  Natchez,  but  though  he  managed  to  cap- 
ture a  number,  the  wily  savages  showed  remarkable 
strategy  in  carrying  on  the  campaign.  Each  time  that 
they  seemed  on  the  point  of  being  crushed,  they 
would  slip  through  the  lines  of  the  French  and  disap- 
pear. Their  last  stand  was  on  what  is  known  as  Sicily 
Island  in  the  upper  portion  of  the  State.  Here  they 
were  forced  to  give  up  their  women  and  children,  but 
the  majority  of  the  warriors  escaped  and  took  refuge 
with  the  Chickasaws.  If  they  had  been  better  treated 
they  would  have  proved  valuable  friends  to  the 
French. 

45.  Slave  Insurrection. — At  this  period,  also,  the 
increase  in  the  number  of  the  slaves  began  to  menace 
the  peace  of  the  colony.  Many  of  them  had  been 
armed  by  their  masters  and  had  fought  with  bravery 
against  the  Indians.  They  now  formed  a  conspiracy 
— and  it  was  not  the  last  in  the  history  of  Louisiana — 
to  obtain  their  freedom.  The  attempt,  however,  was 
a  signal  failure  and  the  ringleaders  were  put  to  death. 


CHAPTER  VII 

LOUISIANA  ONCE  MORE  A  ROYAL,  PROVINCE 

46.  Bien ville's  Third  Term. — In  1731,  the  com- 
pany, which  had  for  fourteen  years  controlled  the 
destinies  of  Louisiana,  grew  so  weary  of  the  Indian 
wars  that  the  province  was  once  more  restored  to  the 
king.  No  better  man  than  Bienville  could  be  found 
to  act  as  governor,  and  so  after  eight  years'  absence, 
the  Father  of  the  colony  returned  to  his  old  post. 
When  he  reached  Louisiana  he  seems  to  have  been 
desirous  to  win  fame  for  himself  and  at  the  same  time 
to  secure  the  peace  of  the  colony  by  an  expedition 
against  the  Chickasaws  in  Northern  Mississippi.  These 
Indians,  it  will  be  remembered,  had  given  refuge  to 
some  of  the  scattered  Natchez.  In  1736  the  expedi- 
tion was  made,  but  the  Chickasaws  proved  to  be  well 
fortified,  and,  with  the  assistance  of  the  English,  they 
succeeded  in  repulsing  Bienville's  attack  on  their 
stronghold.  His  loss  was  so  great  that  he  determined 
to  retreat ;  while  the  savages  burned  their  captives 
over  a  slow  fire.  Humiliated  by  this  first  defeat,  Bien- 
ville  raised  a  larger  army  with  the  intention  of  crush- 
ing out  the  whole  tribe  of  Chickasaws.  Again,  how- 
ever, the  campaign  was  disastrous  for  the  French,  and 
Bienville  was  forced  to  make  peace  with  his  former 
enemies.  Imagine  the  feelings  of  the  old  warrior  when 
he  had  to  admit  to  his  government  that  he  had  been 
twice  defeated  by  a  tribe  of  undisciplined  savages! 

59 


60  HISTORY    OF    LOUISIANA 

All  he  could  say  was  that  Fate  seemed  to  be  against 
him,  and  that  he  did  not  care  to  struggle  any  longer 
against  such  misfortunes. 

47.  The    Recall    of    Bienville. — Accordingly    in 
1742,  he  asked  to  be  recalled,  and  when  his  successor, 
the  Marquis  de  Vaudreuil,  arrived  in  Louisiana,  Bien- 
ville left  the  colony  never  to  return.      When  he  first 
came  to  Louisiana  with  his  brother  Iberville,  he  was 
only  a  stripling  of  eighteen.     Brave  and  skillful  in  the 
management  of  affairs,  he  did  more  than  any  one  else 
for  the  development  of  the  colony  during  those  early 
days  of  trial  and  disaster.     When  he   left  the  city  he 
had  founded  on  the  Mississippi,    he  was  62  years  of 
age,  and  had  grown  gray  in  the  service  of  his  country. 
The  increasing  prosperity  of  the  colony  doubtless  con- 
soled him  in  some   degree  for  those  last  unfortunate 
campaigns  against  the  Indians. 

48.  Vaudreuil     Governor,    1743-1753. — During 
the  administration  of  Vaudreuil  there  were  no  great 
or  stirring  events  in  Louisiana.       The  governor  made 
an  attempt  to  punish  the  Chickasaws  for  all  the  trouble 
they  had  given  ;  but  this  brave  tribe  defended  them- 
selves with  such  success  that  once   more  the  French 
had  to  retire  from  the  struggle.     The  Creoles,*  how- 
ever, fought  so  valiantly  that  Vaudreuil  declared  that 
if  he  had  an  army  of  these  native  Louisianians,  instead 
of  the  troops  from  France,   he  could  exterminate  the 
Chickasaws. 

49.  Internal  Trade. — During  this  period  the  pop- 
ulation of  Louisiana  numbered  about  6,000,   of  whom 

*  The  name  applied  in  Louisiana  to  the  descendants  of  French  or 
Spanish  colonists. 


LOUISIANA  ONCE  MORE  A  ROYAL  PROVINCE    6l 

4,000  were  white.  The  trade  on  the  Mississippi  was 
already  very  profitable.  The  northern  portion  of  the 
province  sent  down  large  quantities  of  leather,  hides, 
and  bacon,  while  the  south  sent  in  return  tobacco, 
rice,  indigo,  and  some  cotton  and  sugar.  Barges, 
laden  with  many  kinds  of  commodities,  floating  down 
the  river,  came  to  ply  their  trade  at  New  Orleans. 
Generally  speaking  there  was  more  prosperity  than 
ever  before. 

50.  Cotton. — It  was  in    1740  that    the    planters 
began  to  grow  small  quantities  of  cotton,  but  it  was  so 
difficult  to  separate  the  seed  from  the  fibre,    that  the 
crop  was  not  very  profitable,  and  there  was  little  sur- 
plus over  the  home  consumption.      In  Louisiana,  as  in 
the  rest  of  the  south,  it  was  not  till  Whitney  invented 
the    cotton  gin  (1792),    that    cotton  planting  sprang 
into  prominence  as  one  of  the  great  industries  of  our 
country.      With  his  hands  a  slave  could  clean  only  six 
pounds  a  day,  while  with  the  aid  of  the  gin  the   same 
slave  learned  to  clean  a  thousand  pounds  a  day. 

51.  Sugar  Cane. — In  1751  the  Jesuits  introduced 
from  St.  Domingo  some  sugar  canes,  and  brought  over 
at  the  same  time  some  slaves  who   were   supposed  to 
understand    the    manufacture    of    sugar.     The    Jesuit 
plantation  was  on  the  Mississippi  within   the  present 
precincts    of    New    Orleans.      Seven    years    later    M. 
Dubreuil,  who  was  one  of  the  richest  planters  in  Lou- 
isiana,   laid  out  an   elaborate   sugar  plantation  along 
what    is   now   Esplanade   Avenue.      Here   he    built  a 
sugar-mill,  the  first  in  the  colony.      As  yet,    however, 
the  method  of  causing  the  sugar  to  granulate  properly 
had    not    been    discovered,    and    for    a   long  time  the 


62  HISTORY    OF    LOUISIANA 

Louisiana  product  was  very  inferior.  It  was  a  waxy, 
gummy  substance,  which  must  have  been  very  disa- 
greeable to  eat.  From  it,  however,  the  planters  man- 
ufactured a  certain  kind  of  rum  called  tafia,  which 
enjoyed  a  certain  popularity.  When  an  attempt  was 
made  in  1765  to  export  some  of  this  sugar  to  France, 
it  leaked  through  the  barrels  in  such  quantities  that 
the  enterprise  proved  a  failure.  We  shall  find  that  in 
1796  a  revolution  was  produced  in  the  sugar  industry 
by  the  genius  of  Etienne  de  Bore.* 

52.  Kerlerec,  Governor,  1753-1763. —  In  1753 
Vaudreuil  was  made  Governor  of  Canada,  his  position 
in  Louisiana  being  taken  by  M.  Kerlerec.  The  new 
governor's  administration  was  marked  by  no  very 
important  events  in  the  colony  itself.  He  conciliated 
as  far  as  he  could  the  Choctaws,  who  had  aided  the 
French  in  the  Indian  wars,  but  who  when  they  did 
not  receive  liberal  presents,  threatened  to  go  over  to 
the  English  and  even  to  make  war  on  their  former 

*A  letter,  written  by  Vaudreuil  in  1744,  which  I  have  recently  discov- 
ered among  some  old  printed  documents,  is  of  interest  as  a  picture  of  the 
times  :  "Nothing  is  wanted  here,"  he  writes,  "but  negroes,  and  some 
of  them  have  been  brought  in  this  year.  I  have  received  four  of 
them  for  my  fees.  I  hope  there  will  be  an  increase  on  account  of 
the  purchase  I  have  made  of  a  plantation  which  cost  me  30, 000  francs 
to  be  paid  in  four  years.  On  it  there  are  thirty-four  strong,  well- 
made  negroes,  all  manner  of  buildings,  and  even  a  fine  dove  house 
stocked  with  one  hundred  pigeons.  There  are  also  fifty-seven  oxen 
and  cows,  as  many  sheep,  and  the  rest  in  proportion.  There  are  180 
arpents  of  grubbed  up  land,  which  is  plowed  and  sowed.  I  have 
built  of  bricks  ten  vats  to  make  indigo,  and  hope  the  produce  of  four 
years  will  pay  the  principal.  The  dearness  of  provisions  occasioned 
my  buying  the  plantation.  If  you  live  in  this  place  you  must  have 
one.  Before  I  laid  out  anything  on  mine,  I  was  offered  15,000  francs 
more  than  I  am  to  give." 


LOUISIANA  ONCE  MORE  A  ROYAL  PROVINCE    63 

allies.  In  the  meantime  Kerlerec  and  his  commis- 
sary quarreled  bitterly,  each  accusing  the  other  of 
wasting  or  misappropriating  the  public  funds.  The 
expenses  of  the  colony  in  one  year  ran  up  to  nearly 
$200,000.  When  we  examine  the  items  for  which 
this  sum  was  expended,  the  conclusion  is  forced  upon 
us  that  there  must  have  been  much  peculation  among 
the  officials  of  that  time.  Who  was  guilty,  it  is  diffi- 
cult to  say;  but  Kerlerec  was  summoned  to  France 
and  promptly  thrown  into  the  Bastile.  He  died  soon 
after  his  release. 

53.  The  Treaty  of  Paris,  1763. —  France  could 
not  afford  so  heavy  a  drain  upon  her  treasury;  for  at 
this  time  she  was  engaged  in  a  desperate  war  with 
England  for  the  control  of  India  and  Canada  (the 
"Seven  Years'  War").  Finally  in  1759  Wolfe 
captured  Quebec,  and  when  that  city  fell  into  the 
hands  of  the  English,  it  began  to  look  as  if  the  arms 
of  France's  ancient  enemy  would  be  every  where 
victorious.  By  the  Treaty  of  Paris,  ratified  Feb- 
ruary 10,  1763,  Louis  XV.  agreed  to  transfer  to 
Great  Britain  "all  that  portion  of  Louisiana  lying 
east  of  the  Mississippi  except  the  island  on  which  New 
Orleans  stands."  England  supposed  that  France 
would  retain  possession  of  all  Louisiana  lying  west  of 
the  river,  but  by  a  secret  agreement  signed  November 
3,  1762,  Louis  XV.  had  already  presented  this  vast 
territory,  together  with  the  isle  of  Orleans,  to  his 
cousin  Charles  III.  of  Spain. 

Nor  does  the  French  king  seem  to  have  felt  any 
real  regret  in  sacrificing  to  Spain  the  splendid  province 
which  the  French  had  been  the  first  to  colonize,  and 


64  HISTORY    OF    LOUISIANA 

for  which  so  many  valiant  Frenchmen  had  laid  down 
their  lives.  Exhausted  by  the  long  war,  he  was 
unwilling  to  undertake  the  defence  of  a  province 
which  after  all  had  not  proved  profitable,  and  by 
transferring  it  to  Spain  he  hoped  to  put  it  beyond  the 
reach  of  England. 

54.  The  Acadians. — Before  the  formal  transfer 
to  Spain  took  place,  and  for  some  years  after, 
Louisiana  received  as  immigrants  a  large  number  of 
Acadians.  These  unfortunate  people  .  had  dwelt  in 
the  French  province  of  Acadia,  or,  as  it  is  now  called, 
Nova  Scotia  ;  but  when  this  fell  into  the  hands  of 
the  English  (1713),  the  inhabitants  were  required 
either  to  leave  the  province  or  to  take  an  oath  of  alle- 
giance to  the  English  king.  The  Acadians,  though 
nearly  all  took  the  oath,  were  granted  permission  to 
remain  neutral  in  wars  between  the  English  and  the 
French  of  Canada  or  the  Indians.  At  a  later  date, 
however,  they  were  accused  by  the  English  of  joining 
the  enemy  in  attacks  on  the  English  settlements.  A 
great  deal  of  ill-feeling  was  the  natural  result ;  and, 
finally,  in  1754,  when  the  Acadians  refused  to  take  a 
stricter  oath  of  allegiance,  Lawrence,  the  English 
governor,  decided  to  expel  the  whole  population. 
The  number  that  met  this  fate  was  about  6,000. 
Whether  the  governor's  act  was  justifiable  as  a  polit- 
ical measure  has  been  disputed,  but  that  the  expulsion 
was  accompanied  by  scenes  of  unnecessary  cruelty  is 
generally  admitted.  The  exiles  were  scattered  in 
many  directions  ;  but  their  hearts  naturally  turned 
towards  the  people  of  Louisiana,  who  spoke  the  same 
language  as  themselves  and  professed  the  same 


LOUISIANA    ONCE    MORE    A    ROYAL    PROVINCE          65 

religion.  Down  the  Mississippi  came  some  of  them; 
others,  from  the  West  Indies;  still  others  from  their 
places  of  refuge  in  Europe,  until  several  thousands 
had  reached  Louisiana.  Being  kindly  received,  they 
settled  in  the  parishes  above  New  Orleans  and  along 
the  Teche.  Here  they  found  peace  and  prosperity, 
such  as  the  fortune  of  war  denied  them  in  their  native 
land,  and  here  their  descendants  are  still  living.  In 
Longfellow's  "  Evangeline  "  the  story  of  their  sad 
wanderings  has  been  told  to  the  music  of  exquisite 
verse.  * 

*See  sketch  of  the  Acadians  by  J  R  Ficklen  in  ///  Acadia  (New 
Orleans,  1893).  See  also  Francis  Parkman,  Montcalm  and  Wolfe,. 
Boston,  1894,  vol.  I.  passim. 


CHAPTER  VIII 

SPAIN    TAKES    POSSESSION 

55.  The  News   Beaches  Louisiana.    Milhet. — 
The  cession  of   Louisiana  to  Spain  was  kept  so  pro- 
found a  secret  that  the   colonists  themselves,  except 
through  vague  rumors,  knew  nothing  of  it  until  the 
year  1764.      In   October  of   this  year  Governor  D'Ab- 
badie,  who  had  succeeded  Kerlerec,  received  a  letter 
from  the  King  of    France,   ordering  him  to  be  pre- 
pared to  transfer  the  province  to  the  accredited  rep- 
resentative   of    Spain.       Imagine  what    a  shock    this 
realization  of  their  fears  gave  to   the  feelings  of  the 
colonists.      Something,  however,  might  yet  be  done. 
A  convention  was  called  to  meet  in  New  Orleans,  and 
it  was  decided  that  Jean  Milhet,  the  richest  merchant 
in  New  Orleans,  should  be  sent  to  France,  there  to 
plead  at  the  foot  of  the  throne,  that  Louis  the  Well- 
Beloved  would  annul  the  treaty  of  cession  and  would 
take  back  a  colony  which  was  bound  to  France  by  a 
hundred  ties.     When   he  reached   Paris,    Milhet  was 
joined    by  the  venerable  Bienville;    but  their   united 
prayers  availed  nothing.     The  Due  de  Choiseul,  him- 
self the  author  of  the  cession,  refused  even  to  present 
their  petition  to  the  king. 

56.  Ulloa,  the   First   Spanish  Governor. — The 
Uprising    of  1768. —  Finally  in    March,    1766,    four 
years  after  the  secret  treaty,  the  Spanish  king  sent 
over  as  governor  of   Louisiana  Don  Antonio   Ulloa. 


SPAIN    TAKES    POSSESSION  67 

The  new  governor  brought  with  him  only  ninety  men. 
Instead  of  showing  his  credentials  and  taking  formal 
possession  of  the  province,  he  spent  eighteen  months 
awaiting  reinforcements.  During  this  time,  his  arbi- 
trary conduct  exasperated  the  Creoles  to  such  a  point 
that  in  1768  a  conspiracy  was  formed  for  his  expul- 
sion. The  leader  of  the  movement  was  Lafrenie"re,  a 
man  of  noble  figure  and  commanding  eloquence.  In 
an  address  to  the  council  that  has  made  his  name 
memorable  in  Louisiana,  Lafreni£re  persuaded  that 
body  to  issue  a  decree,  declaring  Ulloa  a  "usurper 
of  illegal  authority,"  and  commanding  him  to  leave 
the  province  in  three  days.*  In  the  meantime  D'Ab- 
badie  had  died  and  had  been  succeeded  by  a  new 
French  governor,  Charles  Aubry.  As  Ulloa  had 
never  assumed  formal  control  of  affairs,  Aubry  con- 
tinued to  govern  in  the  name  of  the  King  of  France. 
He  now  made  every  effort  to  allay  the  excitement  of 
the  people;  but  his  efforts  were  vain,  and  Ulloa  was 
compelled  to  sail  away  to  Havana. 

57.  Independence  Desired. — It  is  noteworthy  that 
before  the  expulsion  of  Ulloa,  the  Creoles  sent  a 
deputation  to  the  English  at  Pensacola,  asking  their 
assistance  in  establishing  a  republic.  The  English 
governor,  however,  refused  to  entertain  such  a  pro- 
posal, and  the  colonists  felt  too  weak  to  accomplish 

*  An  extract  from  this  speech  is  worthy  of  quotation  :  "In  pro- 
portion to  the  extent  both  of  commerce  and  population  is  the  solidity 
of  thrones  ;  both  are  fed  by  liberty  and  competition,  which  are  the 
nursing  mothers  of  the  State,  of  which  the  spirit  of  monopoly  is  the 
stepmother.  Without  liberty  there  are  but  few  virtues.  Despotism 
breeds  pusillanimity  and  deepens  the  abyss  of  vices.  Man  is  con- 
sidered as  sinning  before  God  only  because  he  retains  his  free  will." 


68  HISTORY   OF    LOUISIANA 

their  object  without  such  aid.  Thus  the  Louisianians 
dreamed  of  winning  their  independence  eight  years 
before  Jefferson  wrote  the  Declaration  of  1/76. 
After  the  departure  of  Ulloa  the  only  recourse  of  the 
colonists  was  to  appeal  once  more  to  France;  but  the 
court  was,  as  before,  deaf  to  their  entreaties.  In  the 
meantime,  the  colony  remained  a  prey  to  uncertainty 
and  internal  commotion. 

58.  The  Coming  of  O'Reilly. — On  the  24th  July, 
1769,  however,  the  inhabitants  were  thrown  into  a 
state  of  intense  excitement  by  the  announcement  that 
Spain  had  determined  to  assert  her  rights  in  Louisiana, 
and  that  Don  Alexander  O'Reilly,  with  a  fleet  and  a 
force  of  several  thousand  men  had  arrived  at  the 
mouth  of  the  river.  In  the  presence  of  such  a  force 
all  hope  of  resistance  vanished. 

At  first  the  new  governor  was  conciliatory  in  his 
behavior  towards  the  former  conspirators,  and  they  in 
their  turn  made  representations  to  him  that  the  expul- 
sion of  Ulloa  had  been  caused  entirely  by  his  failure  to 
show  his  credentials  and  to  take  formal  possession  of 
the  province.  For  a  time  all  went  well.  The  past 
seemed  to  be  forgotten.  Suddenly,  however,  O'Reilly 
had  the  leading  conspirators  arrested  and  tried  before 
a  court  created  by  himself.  Six  of  them  were  con- 
demned to  various  terms  of  imprisonment,  while  five 
of  the  most  prominent,  including  Lafreni£re,  being 
found  guilty  of  high  treason,  were  immediately  shot. 
Such  was  the  end  of  the  so-called  Revolution  of  1768. 
The  name  of  O'Reilly  is  naturally  execrated  by  the 
French  Creoles  of  Louisiana;  but  it  seems  certain  that 
he  was  acting  strictly  under  the  orders  of  the  King  of 


SPAIN    TAKES    POSSESSION  69 

Spain.  The  real  responsibility  for  this  judicial 
murder,  which  casts  a  dark  shadow  across  the  annals 
of  Louisiana,  must  fall  upon  the  weak  acquiescence  of 
the  French  Court,  which  refused  to  interfere  for  the 
protection  of  a  band  of  patriots  whose  only  fault  was 
their  too  great  devotion  to  their  king  and  his  govern- 
ment. 

59.  Political  Changes. — When  the  vengeance  of 
Spain  had  been  satisfied,  O'Reilly  began  to  change 
the  government  as  it  had  existed  under  the  French,, 
by  the    substitution    of    Spanish    customs   and    laws. 
The  changes,  however,  were  not  so  great  as  might  be 
supposed;  for  both  the  French- and  the  Spanish  laws 
were  largely  drawn  from  the  Roman  code  and  hence 
bore  a  marked  resemblance  to  each  other.      The  legal 
language  of    the    province   was    to    be    Spanish,  but,, 
according  to  Judge  Martin,*  the  use  of  French  was  to 
be  tolerated  in  the  notarial  and  judicial  acts  of  the 
Spanish  officers  in  the  parishes.      The  French  Creoles, 
of  course,  continued  to  speak  their  own  tongue,  just 
as  they  do  at  the   present  day.      Instead  of  the   old 
Superior  Council,  before  which  Lafreni£re  had  spoken, 
O'Reilly  established  the  Cabildo,  the  officials  of  which 
not  only  enacted   certain  laws,  but  also  served  as  a 
kind  of  superior  court.      At   first  the   highest  offices 
were  naturally  held   by  Spaniards,  but  very  soon  the 
Creoles    came    to    occupy    the   most  important  posi- 
tions. 

60.  Census     of    1769. — With     his    usual    vigor 
O'Reilly  set  about  making  a  census  of  New  Orleans. 
The   little  city  contained   about  468   houses,   with  a 

*  History  of  Louisiana. 


70  HISTORY    OF    LOUISIANA 

population  of  3,191.  Of  these,  the  free  persons  num- 
bered 1,901,  the  slaves  1,230,  and  the  domesticated 
Indians  60.  In  the  rest  of  the  province -there  were 
about  10,400  persons. 

61.  Unzaga,  177O-1777. — When  O'Reilly  was  re- 
called, he  was  succeeded   by  Don   Luis   de   Unzaga. 
During  his  administration  the  Creoles  began  to  submit 
with    a   good   grace  to  the  rule   of    Spain.      At  this 
period,    moreover,    the  English   colonies   opened    the 
war  of  independence  with  George  III.      As  Spain  was 
not  well  disposed  towards  England,  the  colonies  were 
permitted  to  draw  supplies  from   New  Orleans,  and 
thus  Louisiana  did  what   she  could  to  aid  the  rising 
republic  of  which  she  was  one  day  to  form  a  part.* 

62.  The  Monks. — In  New  Orleans  a  famous  quar- 
rel arose  between  Father  Cirilo,  chief  of  the  Spanish 
Capuchins,    and    Father    Dagobert,    of     the    French 
Capuchins.     As  each  one  wished  to  control  ecclesi- 
astical affairs  in  the  colony,  the  contention  between 
them  waxed  bitter.     The  colonists  took  sides;  but  the 
majority,    including  the  governor,    were   disposed  to 
favor  the  cause  of  Dagobert.    This  good  priest,  though 
he  was  self-indulgent  and  too  ready  to  forgive  sins, 
was  beloved  by  all  his  parishioners,  and  the  influence 
of  Cirilo  failed  to  dislodge  him  from  the  position  he 
occupied,  t 

*  The  chief  articles  of  commerce  in  Louisiana  for  the  year  1769 
were:  Indigo,  valued  at  810,000;  rice,  peas  and  beans,  $4,000;  tallow, 
1*4,000;  naval  stores,  812,000;  lumber,  850,000,  and  deer  skins, 
880.000. 

f  The  fame  of  Father  Dagobert  has  been  celebrated  by  one  of  our 
Southern  poets,  Mrs.  M.  E.  M.  Davis.  From  her  "  P£re  Dagobert," 
the  following -extract  is  taken: 


SPAIN    TAKES    POSSESSION  7 1 

"  None  of  your  meagre,    fasting,  wild-eyed,   spare, 
Old  friars  was  Father  Dagobert ! 
He  paced  the  streets  of  the  vieux-carrd 
In  seventeen  hundred  and  somewhat,  gay, 
Rubicund,  jovial,  round,  and  fat. 
He  wore  a  worldly  three-cornered  hat 
On  his  shaven  pate;  he  had  silken  hose 
To  his  ample  legs;  and  he  tickled  his  nose 
With  snuff  from  a  gold  tabatitre. 
He  listened  with  courtly  high-bred  air 
To  the  soft- eyed  penitente  that  came — 
Kirtled  lassie  or  powdered  dame — 
To  kneel  by  the  carved  confessional, 
And  breathe,  in  a  whisper  musical, 
The  deadliest  sins  she  could  recall,"  etc. 


CHAPTER  IX 

SPANISH    RULE    CONTINUED 

63.  Galvez,    1777-1785. — When  Unzaga  retired, 
he  was  succeeded  by  the  most  famous  of  all  the  Span- 
ish governors,  Don  Bernardo  de  Galvez.     The  Amer- 
ican  Revolution  was   now    in    progress,    and    Galvez 
continued  the  policy  of  his  predecessor  with  reference 
to    the   war.     The    American  agents  were  furnished 
with  arms  and  provisions  of  all  kinds,  until  the  cost  of 
the  whole  amounted  to  $70,000.      Moreover,  as  the 
ill-feeling  between  Spain  and  England  now  broke  out 
in  open  war,  Galvez  immediately  decided  to  win  fame 
for  himself  and  to  aid  his  king  by  retaking  East  and 
West  Florida,  which  by  the  treaty  of   1 763  had  been 
transferred  to  England.     The  English  had  occupied 
Pensacola,  and  after  building   forts  on  the  Manchac 
and    on   the   Mississippi,   they  had   made  themselves 
extremely  disagreeable  to  the  Spanish  government  by 
smuggling  goods  across  the  river  into  Spanish  territory. 
Having  determined,  therefore,  to  act  on  the  offensive, 
Galvez  raised  an  army  of  1,800  men.      Some  of  these 
troops  were  drawn  from  New  Orleans;  for  the  French 
Creoles  were  as  eager  for  glory  as  the  governor  him- 
self.     From  the  country  parishes  the  Germans  and  the 
Acadians  flocked  to  his  standard,  and  to  all  these  the 
Governor  added  a  number  of  Indians  and  a  company 
of  negroes. 

64.  The  Conquest  of  Florida. — The  details  of  this 

72 


SPANISH    RULE    CONTINUED  73 

campaign  cannot  be  given.  It  must  suffice  to  say  that 
he  was  eminently  successful  in  all  his  undertakings. 
First  of  all  the  forts  at  Baton  Rouge  and  near  by  fell 
into  his  hands;  then  fort  Panmure  at  Natchez;  then, 
sailing  to  Mobile,  he  captured  Fort  Charlotte,  and  last 
of  all — a  brilliant  exploit — he  succeeded  in  forcing 
Pensacola  to  surrender  (1781).  When  the  treaty  was 
signed  at  Paris  in  1783,  by  which  Great  Britain 
acknowledged  the  independence  of  the  American 
colonies,  a  formal  transfer  was  made  to  Spain  of  East 
and  West  Florida  (including  all  the  territory  east  of 
the  Mississippi  and  south  of  the  3ist  degree  of  lati- 
tude, except  the  island  on  which  New  Orleans  stood). 
Two  years  later  the  career  of  Galvez  in  Louisiana 
was  ended  by  his  removal  to  Mexico.  He  had 
governed  the  province  with  great  ability  and  had  en- 
deared himself  to  the  colonists  by  the  noble  qualities 
he  had  displayed  both  as  general  and  governor. 

65.  Miro,     Governor,     1785-1791.— Galvez    was 
succeeded  by  Don  Estevan  Miro.      Miro  was  a  man  of 
ability,  and  though  he  did  not  enjoy  the  popularity  of 
the  brilliant  Galvez,  he  was  highly  esteemed  by  the 
Louisianians. 

66.  The      Inquisition. — During    Miro's    adminis- 
tration Spain  formed  the  bold  design  of  rooting  out  all 
heresy  in  Louisiana  by  establishing  in  New  Orleans  a 
branch    of    the    Spanish   Inquisition.       Accordingly  a 
capuchin  named  Antonio  de  Sedella,  who  had  come 
over  from  Spain,  announced  himself  as  the  agent  of 
that    dreaded    institution,   and    applied    to    Miro    for 
soldiers   to    aid    him    in    discovering    and    punishing 
heretics.      Miro  gave  no  answer;  but  that  night  the 


74  HISTORY    OF    LOUISIANA 

monk  was  awakened  by  a  knock  at  his  door.  When 
he  opened  it  and  saw  some  soldiers  standing  without, 
he  imagined  that  Miro  had  granted  his  request.  What 
was  his  surprise  when  he  was  seized  by  the  rough 
troopers  and  immediately  put  aboard  a  vessel,  which 
next  morning  sailed  for  Spain!* 

Miro  explained  his  conduct  to  the  king  by  declaring 
that  if  it  was  the  design  of  Spain  to  foster  the  develop- 
ment of  Louisiana,  no  inquisition  must  be  established 
there;  for  it  would  surely  be  an  object  of  dread  to  the 
inhabitants  and  it  would  prevent  the  increase  of  the 
population.  This  was  the  first  and  the  last  attempt 
to  introduce  this  terrible  tribunal;  but  all  the  Spanish 
governors  were  careful  not  to  permit  any  church  in 
Louisiana  except  the  Roman  Catholic. 

67.  Great  Fires  in  New  Orleans. — In  1788  a 
great  misfortune  overtook  New  Orleans;  for  a  fire 
broke  out  and  swept  away  the  greater  part  of  the  city. 
More  than  four  hundred  houses  were  burned,  among 
them  the  prison,  the  town  hall,  the  church,  and  some 
of  the  finest  residences.  About  700  people  were 
without  shelter  or  food,  but  the  governor  came 
promptly  to  their  aid,  giving  tents  and  supplies  to  all 
the  needy.  St.  Domingo,  being  informed  of  the 
disaster,  sent  over  bountiful  supplies,  and  even  gave 
help  in  rebuilding  the  little  city.  "We  would  have 
aided  any  other  colony,  overcome  by  so  great  a  mis- 
fortune," ran  the  generous  message,  "  but  we  feel  a 
double  satisfaction  in  relieving  the  woes  of  our  fellow 

*  Antonio  de  Sedella  afterwards  returned  to  Louisiana,  where, 
known  as  Fere  Antoine,  he  lived  to  a  good  old  age,  a  respected  and 
beloved  priest. 


SPANISH    RULE    CONTINUED 


75 


countrymen."  New  Orleans  owed  its  new  church  to 
the  generosity  of  a  noble  Spaniard,  Don  Almonester  y 
Roxas,  who,  at  his  own  expense,  built  the  St.  Louis 
Cathedral,  which,  after  many  alterations,  still  faces 
Jackson  Square. 

Seven  years  later  there  was  another  disastrous  fire, 
but  fortunately  the  new  cathedral  escaped.  When 
the  houses  were  rebuilt,  it  was  strongly  urged  by  the 
Cabildo  that,  instead  of  shingles,  the  new  roofs  should 
be  made  of  tiles.  The  advice  was  followed,  and  at 
the  present  day  many  picturesque  old  houses  covered 
with  red  tiles  are  to  be  seen  in  the  French  quarter  of 
the  city. 

68.  Schools. — For  three-quarters  of  a  century  the 
girls  of  New  Orleans  had  been  educated  by  the  Ursu- 
line  nuns,  but  there  were  few  schools  for  boys.      One 
that  had   been  taught  by  a  Spanish   priest  and  two 
ushers  was  poorly  patronized;  for  most  of  the  inhab- 
itants wanted    their  children    taught    in    the   French 
language,  and  as  this  was  not  possible  in  New  Orleans, 
they    sent    their    children    to   Canada  or  to    France. 
When,  however,  in  1791,  there  was  a  successful  insur- 
rection  of    the    slaves  in   St.  Domingo   against  their 
former    masters,    many    of    the    latter    emigrated    to 
Louisiana.     There,  as  a  means  of  livelihood,  some  of 
them   opened   new  schools,  and   accomplished   some- 
thing  for  the  cause   of  education.       From  the  same 
island  came  at  this  period  the  first  dramatic  company 
ever  seen  in  New  Orleans. 

69.  Carondelet,     Governor,     1792-1797.  —  Miro 
retired  in  1791,  and  the  following  year  was  succeeded 
by  the  Baron  de  Carondelet. 


76  HISTORY   OF   LOUISIANA 

70.  Improvements  in  New  Orleans. — Carondelet 
was  long  remembered  for  the  improvements  he  made 
in   New  Orleans.      Seeing  that  it  would  be  of  great 
advantage  to  the  city,  if  it  had  water  communication 
with    the    lakes,    he    called    upon    the    merchants   to 
furnish  him  with  as  many  slaves  as  they  could  spare. 
With  the  aid  of  these  and  some  convicts,  he  caused 
to  be  dug  the  canal  that  connects  New  Orleans  with 
Bayou  St.  John  and  through  this  with  Lake  Pontchar- 
train.      This    canal   not  only    served    to  develop  the 
shipping,  but  it  drained  to  some  extent  the  marshes  in 
the  rear  of  New  Orleans,  and  thus  improved  the  health 
of  the  city. 

Nor  was  this  all.  The  population  of  New  Orleans 
was  now  nearly  6,000,  and  as  the  streets  were  not 
lighted  at  night,  robberies  and  other  crimes  were  of 
constant  occurrence.  The  governor,  recognizing  that 
one  of  the  best  preventives  of  such  acts  is  plenty  of 
light,  had  eighty  lamps  placed  in  various  parts  of  the 
city,  and  as  a  further  protection,  he  appointed  a  num- 
ber of  watchmen.  To  pay  the  expense  of  these  addi- 
tions to  the  comfort  of  the  people,  a  tax  of  one  dollar 
and  twelve  cents  was  laid  on  every  chimney  in  the 
city — a  form  of  taxation  that  is  now  regarded  as  very 
unwise.  In  1796  it  was  dropped  in  New  Orleans 
because  it  did  not  bring  in  sufficient  income,  and  the 
necessary  amount  was  raised  by  a  tax  on  wheat,  bread, 
and  meat.* 

7 1 .  Granulation    of     Sugar,    1796. — We     have 
seen  that  the  quality  of  the  sugar  produced  in   Louisi- 
ana was  very    inferior.       Consequently,  since  1766, 

*Cf.  Martin's  History  of  Louisiana,  vol.  II.,  p.  137. 


SPANISH    RULE    CONTINUED  77 

sugar  planting  had  been  practically  abandoned  for 
other  forms  of  industry.  In  the  year  1795  Etienne  de 
Bore*,  a  Louisiana  planter,  resolved  to  make  one  more 
attempt  to  produce  good,  granulated  sugar.  His  plan- 
tation lay  in  the  present  limits  of  New  Orleans,  where 
Audubon  Park  now  is.  In  the  planting  of  indigo  he 
had  been  unsuccessful  ;  for  the  climate  seemed  unfav- 
orable, and  an  insect,  which  devoured  the  leaves  of 
the  plant,  had  made  its  appearance  in  the  indigo 
fields.  Obtaining  some  canes,  De  Bore*  planted  an 
extensive  tract  of  land,  though  his  wife  and  friends, 
remembering  the  experience  of  the  past,  pleaded  with 
him  not  to  involve  himself  in  certain  ruin.  The  serv- 
ices of  a  skilled  sugar-maker,  who  had  come  over  as 
a  refugee  from  San  Domingo,  were  engaged,  and  when 
the  grinding  season  of  1796  arrived,  a  number  of 
planters  gathered  around  with  intense  interest  to 
watch  the  result  of  the  experiments.  The  trial  was 
made.  Suddenly  a  shout  went  up:  "It  granulates! 
it  granulates  !"  De  Bore's  fortune  was  assured,  and 
a  new  era  of  prosperity  was  opened  for  Louisiana. 


CHAPTER  X 

THE  CLOSE  OF  SPANISH  RULE 

72.  Revolutionary  Ideas  in  Louisiana. — The 
year  1795  was  a  year  of  commotion  in  Louisiana. 
Scarcely  had  the  governor  succeeded  in  crushing  a 
conspiracy  of  the  slaves  who  had  risen  against  their 
masters,  when  he  was  confronted  by  another  more 
serious  danger.  Ever  since  the  famous  revolution  of 
1789  in  France  and  the  establishment  of  a  republic, 
there  had  been  meetings  of  the  Creoles  in  Louisiana, 
and  many  bold  threats  uttered  about  throwing  off  the 
Spanish  yoke.  Their  brethren  in  France  were  free  ; 
why  then  should  the  government  of  a  monarch  be  tol- 
erated in  Louisiana  ?  In  the  cafe's  the  revolutionary 
song,  "£a  ira,  ga  ira,  les  aristocrates  &  la  lanterne"* 
was  sung,  and  Genet,  the  French  minister  at  Wash- 
ington, actually  tried  to  raise  an  army  to  invade  Lou- 
isiana and  expel  the  Spaniards.  As  every  one  was 
plotting,  Carondelet,  also,  began  to  plot.  First  to 
guard  against  invasion  and  at  the  same  time  to  over- 
awe the  Republican  Creoles,  he  surrounded  New 
Orleans  with  a  wall  of  earth,  strengthened  by  five  forts. 
He  then  adopted  a  scheme  which  had  been  enter- 
tained by  his  predecessor  Miro.  He  tried  to  persuade 
the  western  States,  Kentucky  and  Tennessee,  to  sep- 
arate themselves  from  the  American  union  and  put 
themselves  under  the  protection  of  Spain.  If  this 

*  "The  aristocrats  will  surely  be  hanged." 

78 


THE  CLOSE  OF  SPANISH  RULE          79 

plan  succeeded,  he  would  be  able  to  establish  a  strong 
barrier  against  the  advance  of  the  United  States  ;  for 
he  saw  that  the  new  Republic  was  steadily  growing, 
and  that  if  nothing  were  done  it  might  eventually 
absorb  the  territory  of  Louisiana. 

73.  The  Treaty    of  Madrid,  1795. — During  the 
course  of  the  year,  however,   a  treaty  made  between 
Spain  and  the  United  States,    upset  all  Carondelet's 
plans.     The  king  of  Spain,    being  at  war  with   Eng- 
land, thought  it  a  wise   diplomatic  measure  to  insure 
the  neutrality  of  the  United  States  by  granting  this 
power  the  privilege   of  navigating  the  Mississippi  and 
of  depositing  goods  at  New  Orleans  for  three  years. 
At  the  end  of  this  time,  the  term  was  to  be  extended 
or  another  place  of  deposit  designated.      This  treaty 
was  so  satisfactory  to  the  western  States  that  Caron- 
delet  found  it  useless  to  try  to  tempt  them  from  their 
allegiance  to  their  government.* 

74.  G-ayoso  de  Lemos,  Governor,  1797-1799. — 
However,  under  the  next  governor,  Gayoso  de  Lemos, 
the  intendant  of  customs,  Morales,  forbade  the  Ameri- 
cans of  the  western  States  to  use  New  Orleans  any  longer 
as  a  place  of  deposit  for  their  goods.     This  act  created 
great  indignation,  but,    fortunately,   a  new  governor, 
Casa  Calvo,  was  appointed  in  1799,  and  as  his  inten- 
dant renewed  the  privilege,  all  went  well  for  a  while. 

75.  Plans  of  Bonaparte. — The  last  year  of  the 
eighteenth  century  was  to  chronicle  an  important  event 
in  the  history  of   Louisiana.      The  man  that  now  pre- 

*The  treaty  of  1795,  known  also  as  San  Lorenzo,  settled  an  old 
boundary  dispute  between  Spain  and  the  United  States  in  the  inter- 
ests of  the  latter. 


80  HISTORY    OF    LOUISIANA 

sided  over  the  destinies  of  France  was  Napoleon  Bona- 
parte. To  his  fertile  brain  the  idea  suggested  itself  of 
inducing  the  King  of  Spain  to  give  up  that  territory 
of  Louisiana  over  which  the  lilies  of  France  had  once 
waved  so  proudly.  It  was  soon  discovered  that  the 
Spanish  court  was  not  unwilling  to  strike  a  bargain. 
Louisiana,  as  governed  by  the  laws  and  the  commer- 
cial regulations  of  Spain,  had  been  no  more  successful 
as  a  colony  than  formerly  under  the  French  domina- 
.  tion.  *  Nor  was  it  certain  that  the  growing  power  of 
the  United  States  might  not  encroach  upon  Louisiana 
and  even  threaten  the  Spanish  possessions  in  Mexico. 
Hence  his  Catholic  Majesty  was  inclined  to  consider 
any  proposition  that  promised  to  place  the  strong  arm 
of  Napoleon  as  a  barrier  to  protect  Mexico. 

76.  Louisiana  Ceded  to  France. — When  negotia- 
tions were  opened,  it  was  quickly  agreed  that  if 
Napoleon  would  give  up  to  the  Duke  of  Parma,  a  scion 
of  the  royal  house  of  Spain,  that  portion  of  Italy 
which  was  called  the  Duchy  of  Tuscany,  t  he  should 
receive  in  return  the  whole  territory  of  Louisiana. 
Accordingly  on  the  ist  of  October,  1800,  an  agree- 
ment was  signed  at  St.  Ildephonso,  of  which  the  main 
article  declared:  "His  Catholic  Majesty  promises  and 
engages  to  retrocede  to  the  French  Republic  six 
months  after  the  full  and  entire  execution  of  the  con- 

*Judge  Martin,  in  his  History  of  Louisiana,  gives  a  striking  con- 
trast between  the  expenses  of  Louisiana  and  those  of  North  Carolina 
for  the  year  1785.  In  Louisiana  every  colonist  cost  the  home  govern- 
ment SHJftfo  a  year.  In  North  Carolina,  it  was  only  15  cents  per 
capita,  which  amount  was  paid  by  the  people  themselves. 

f  This  duchy  was  to  be  erected  into  a  kingdom  and  recognized  by 
the  powers  of  Europe. 


THE    CLOSE    OF    SPANISH    RULE  8l 

ditions  and  stipulations  herein  relative  to  the  Duke  of 
Parma,  the  colony  or  province  of  Louisiana,  with  the 
same  extent  that  it  now  has  in  the  hands  of  Spain, 
and  that  it  had  when  France  possessed  it,  and  such  as 
it  should  be  after  the  treaties  subsequently  entered 
into  between  Spain  and  other  states." 

77.  Napoleon's  Ideas. — Napoleon  had  purchased 
Louisiana  as  part  of  his  great  scheme  of  waging  war 
with  England.      He  believed  that  with  this  territory  in 
his  power,   he  could  more   easily  attack  the   British 
possessions  in  Canada.      But  no  sooner  was  the  pur- 
chase concluded  than   he    foresaw  many  difficulties. 
Chief    among    these    was  his    conviction    that  if    the 
English  government  learned  of  this  new  acquisition,  a 
powerful   fleet  might  be  sent  across  the  Atlantic  to- 
seize  the   province.      At  the   moment   Napoleon  felt 
himself    unable    to    meet    such  an   attack.      For   the 
present,  therefore,  he  determined  to  keep  his  bargain 
with  Spain  a  profound  secret.      In  this  he  was  skill- 
fully seconded  by  his  Minister  Talleyrand,  who  had 
cultivated    the    diplomatic    art    of    keeping   his   own 
counsel. 

78.  The  Threat   of  Kentucky. — Let    us    return 
to   Louisiana.      In    1801    Casa   Calvo  had   ended  his 
short  administration  without  accomplishing  anything^ 
of  note.     To  succeed   him  and  govern  until  France 
should  take  possession,  Spain  sent  over  General  Sal- 
cedo,  who  was  the  last  Spanish  governor  of  Louisiana 
(1801-3).     In    1802,    Morales,    who    had    once    more 
become  intendant,  issued  a  proclamation,  denying  the 
Americans  the  right  of  depositing  their  goods  in  New 
Orleans;  he  believed  that  to  exclude  the  Americans 


'82  HISTORY    OF    LOUISIANA 

would  render  more  profitable  the  king's  trade  with 
Louisiana.*  This  high-handed  conduct  brought  the 
excitement  in  Kentucky  to  a  fever  heat.  The  people 
complained  to  the  United  States  government  of  the 
injustice  of  Spain  and  asked  for  protection.  '  'The  Mis- 
sissippi River, ' '  so  ran  their  remonstrance,  ' '  is  ours  by 
the  law  of  nature.  Our  innumerable  rivers  swell  its 
volume  and  flow  with  it  to  the  sea.  Its  mouth  is  the 
•only  issue  that  nature  has  given  to  our  rivers;  we 
•demand  that  our  ships  shall  sail  down  to  the  sea.  We 
allow  the  Spaniards  and  the  French  to  sail  up  to  our 
villages  and  towns;  why  should  they  deny  us  a  similar 
privilege?  If  the  privilege  is  denied  us,  we  shall  seize 
New  Orleans  and  hold  it.  If  the  Congress  of  the 
United  States  will  not  guarantee  us  protection,  we 
shall  take  such  steps  as  our  safety  demands,  even  if 
we  have  to  separate  ourselves  from  the  Union.  No 
protection,  no  allegiance  !"  This  was  bold  language 
for  a  State  to  use;  but  the  bonds  of  the  Union  were  not 
so  closely  knit  in  those  days  as  they  have  come  to  be 
in  our  own  time. 

*To  deny  the  right  of  deposit  was  practically  to  exclude  the  Ken- 
.tuckians  from  the  trade  of  the  Mississippi. 


CHAPTER   XI 

THE   BEGINNING   OF   THE    AMERICAN    PERIOD 

79.  The  Purchase  of  Louisiana. — When  the 
remonstrance  of  Kentucky  was  issued,  Thomas  Jeffer- 
son, who  was  then  President  of  the  United  States, ' 
believed  that  the  wisest  course  to  pursue  was  not  war, 
but  negotiation.  He  calmed  the  troubled  spirits  of 
the  Kentuckians  as  well  as  he  could,  and  when  he 
learned  that  Louisiana  had  been  transferred  to  France, 
he  obtained  the  consent  of  the  senate  to  send  to  Paris 
James  Monroe,  of  Virginia,  a  distinguished  diplo- 
matist, who  was  to  join  Robt.  R.  Livingston,  the 
resident  minister  of  the  United  States  at  the  French 
court.  Monroe  and  Livingston  were  instructed  to 
open  negotiations  for  the  purchase  of  New  Orleans. 
It  soon  became  clear,  however,  that  if  a  sufficient  sum 
were  offered,  it  would  be  possible  to  obtain  not  only 
New  Orleans,  but  the  whole  of  Louisiana.  Napoleon, 
believing  that  in  his  approaching  war  with  England , 
he  might  not  be  able  to  hold  Louisiana,  had  decided 
to  make  a  virtue  of  necessity.  He  would  conciliate 
the  American  people  by  the  transfer  of  his  newly 
acquired  province;  at  the  same  time  the  purchase 
money  would  help  to  replenish  his  exhausted  treasury. 
The  agreement  was  signed  at  Paris  April  30,  1803. 
The  price  to  be  paid  by  the  United  States  was  $15,- 

83 


84  HISTORY   OF    LOUISIANA 

000,000.*  Thus  the  American  government  had 
acquired  a  vast  fertile  territory,  embracing  the  whole 
western  portion  of  the  Mississippi  valley,  or  nearly  one 
million  square  miles,  for  about  two  and  a  half  cents 
an  acre.  The  area  of  the  United  States  had  been 
nearly  doubled. 

8O.  The  United  States  in  Possession. — On  the 
3Oth  of  November,  1803,  the  Spanish  governor, 
Salcedo,  with  Casa  Calvo  as  commissioner,  made  a 
formal  transfer  of  Louisiana  to  M.  Laussat,  the 
•colonial  prefect  appointed  by  Napoleon  to  receive  the 
province.  As  the  news  of  Jefferson's  purchase  had 
already  reached  New  Orleans,  this  ceremony  excited 
no  enthusiasm.  Twenty  days  later,  Wm.  C.  C. 
Claiborne  and  General  Wilkinson  met  Laussat  in  the 
Cabildo  to  complete .  the  transfer  of  the  province  to 
the  American  government.  In  the  old  Place  d'Armes 
(now  Jackson  Square)  the  tricolor  of  France  descended, 
meeting  the  star-spangled  banner  at  half-mast.  Then 
the  American  flag  rose  to  the  top  of  the  staff  amid 
the  strains  of  "Hail  Columbia."  Thus,  without  being 
in  any  way  consulted,  the  inhabitants  of  Louisiana 
saw  themselves  transferred  from  one  power  to  another 
— the  third  time  within  the  memory  of  a  generation 
still  living.  The  province  seemed  but  a  pawn  on  the 
chessboard  of  European  diplomacy.  The  splendid 
future  that  it  was  to  enjoy  under  the  new  regime 
appealed  to  but  few  of  those  that  witnessed  the  cere- 
mony. The  huzzas,  says  Martin,  which  greeted  the 


*Of  this  sum  93,750,000  was  to  be  paid  to  certain  creditors  of 
France  in  the  United  States. 


THE    BEGINNING    OF    THE    AMERICAN    PERIOD         85 

elevation  of  the  American  flag,   came  not   from  the 
Creoles,  but  from  a  small  group  of  Americans. 

81.  The    Boundary    Question. — Until    1819  the 
boundaries   of    Louisiana   were   a  subject  of    dispute 
between  Spain   and  the   United  States.     Nominally, 
the   purchased  territory  extended  from  Canada  to  the 
Gulf  of  Mexico,  and  from  the  Mississippi  to  the  Rocky 
Mountains,    including    to    the    east  of    the    river    the 
island  upon  which  New  Orleans  stood.  *     In  addition, 
however,  the  United  States  government  claimed,  as  a 
part  of  the  purchase,  a  portion  of  Oregon,  that  section 
of  -Florida  lying  west  of  the   Perdido   River,  and  the 
great  province  of  Texas.      Against  these  latter  claims 
Spain   entered  a  strong   protest,   and  the  dispute  was 
not  settled  till  a  number  of  years  later.      Within  our 
limits  it  is  impossible  to  discuss  the  merits  of  this  con- 
troversy.     The  truth  seems  to  be  that  on  account  of 
the  haste  with  which  the  purchase  was  concluded,  the 
limits  of  Louisiana  were  left  undetermined,  t 

82.  Division  of  the  Territory. — In    1804  a  divi- 
sion of  the  purchased  territory  was  made  by  Congress. 
That  portion  lying  north  of  latitude  33°  (the  present 
northern    boundary  of   Louisiana)    was   to   constitute 
the   District  of   Louisiana  (afterwards  called  the  Mis- 
souri  Territory).      The    portion    lying   south  of    the 
Mississippi    territory  and  of    an    east    and  west   line, 


*  As  Bayou  Manchac  has  been  closed,  New  Orleans  can  hardly  be 
said  to  stand  on  an  island  at  the  present  day. 

f  England,  also,  claimed  a  portion  of  the  Oregon  territory  until 
1846.  See  ' '  The  Middle  Period, "  by  J.  W.  Burgess.  For  an  excellent 
account  of  the  southern  boundary  question,  see  article  by  Dr.  B.  A. 
Hinsdale,  in  Proceedings  of  American  Hist.  Association  (1893). 


86  HISTORY    OF    LOUISIANA 

commencing  at  the  river  and  extending  to  the  western 
boundary  of  the  cession,  was  to  constitute  the  Ter- 
ritory of  Orleans.  In  1812  this  latter  portion,  as  we 
shall  relate,  became  the  State  of  Louisiana;  hence 
from  now  on  we  shall  occupy  ourselves  exclusively 
with  its  history. 

83.  Form  of  Government  Established. — For 
some  years  after  the  purchase  of  Louisiana  the  Cre- 
oles were  far  from  contented  with  their  new  form  of 
government.  They  thought  the  Territory  of  Orleans 
ought  to  be  admitted  into  the  union  as  a  State.  But  a 
majority  in  Congress  declared  that  a  people  who  had 
long  been  accustomed  to  the  despotic  rule  of  Spain 
must  serve  an  apprenticeship  before  they  could  be 
regarded  as  ready  to  adopt  the  free  institutions  of  the 
United  States.  For  one  year,  therefore,  the  inhab- 
itants were  allowed  no  share  in  the  government  ;  all 
power  rested  with  a  governor  and  a  legislative  council 
of  thirteen,  both  appointed  by  the  President  of  the 
United  States.  In  1805,  however,  a  new  form  of  gov- 
ernment, similar  to  that  in  the  other  territories,  was 
granted.  While  the  governor  was  still  appointed  by 
the  President,  the  people  were  to  elect  every  two 
years  a  legislative  assembly  of  twenty-five  members, 
and  this  assembly  was  to  send  on  to  the  President  the 
names  of  ten  candidates,  from  whom  he  should  choose 
an  upper  chamber  of  five  members.  This  concession, 
however,  did  not  allay  the  general  dissatisfaction  ;  for 
the  governor  possessed  a  veto  power  which  could  not 
be  overridden  by  a  two-thirds  majority  of  the  legisla- 
ture, and  which  enabled  him  to  defeat  any  law  of 
which  he  did  not  approve. 


THE    BEGINNING    OF    THE    AMERICAN    PERIOD         87 


84.     Claiborne,    Governor   of   the     Territory.— 
Wm.  C.  C.  Claiborne,  who  had  been  appointed  gov- 
ernor by  Jefferson,   was  descended   from  an  old  Vir- 
ginia family,  and  before  he  was  sent  to  Louisiana,  had 
been  governor  of  the  Terri- 
tory of  Mississippi.      Though 
his  disposition  was  kind  and 
conciliatory,   and  though  he 
possessed   considerable  abil- 
ity as  an  executive  officer,   it 
was    some    years    before    he 
could    overcome   the    preju- 
dices and  win  the  love  of  the 
people.     The   Creoles  'com- 
plained that  he  did  not  speak 
the     French    language    and 
was  ignorant  of   the  charac- 
ter of  the  population  he  had 

come  to  govern  ;  while  the  new  American  settlers 
joined  with  the  Creoles  in  maintaining  that  he  had  too 
much  power.  The  newspapers  of  that  day,  the  files 
of  which  still  exist  in  the  city  hall  of  New  Orleans,  are 
filled  with  bitter  and  often  malicious  attacks  on  the 
chief  executive  ;  but  with  a  consciousness  of  rectitude, 
Claiborne  declared  that  though  the  freedom  of  the 
press  was  subject  to  such  abuses,  the  welfare  of  the 
country  required  that  it  should  not  be  checked. 

85.  Statistics  for  18O3.* — In  1803  the  popula- 
tion of  New  Orleans  was  a  little  over  8,000,  while  in 
the  rest  of  the  Territory  of  Orleans,  exclusive,  of 
course,  of  the  west  Florida  country,  there  were  about 

*  From  Martin's  History  of  Louisiana. 


GOVERNOR  CLAIBORNE. 


$8  HISTORY    OF    LOUISIANA 

32,000  inhabitants.  For  the  year  1802,  the  products 
of  the  colony  had  been  :  3,000  Ibs.  of  indigo,  (the 
cultivation  of  which  was  declining)  ;  20,000  bales  of 
cotton,  300  Ibs.  each;  5,000  hhds.  of  sugar,  1,000  Ibs. 
each;  5,000  casks  of  molasses,  50  gals.  each.  The 
rum  or  tafia,  produced  in  the  distilleries  around  New 
Orleans,  filled  5,000  casks  of  50  gals,  each  ;  while 
the  loaf  sugar  from  the  one  refinery  amounted  to 
200,000  pounds.  The  produce  shipped  from  New 
Orleans,  consisted  of  flour,  50,000  Ibs.  ;  tobacco, 
2,000  hhds.  ;  cotton,  34,000  bales,  etc.  The  ordi- 
nary manufactures  -at  this  period  were  insignificant.  In 
New  Orleans  they  consisted  chiefly  of  cordage,  hair 
powder,  vermicelli,  and  shot.  In  the  country  par- 
ishes, the  Acadians  wrought  cotton  into  quilts  and 
clothes,  just  as  they  do  at  the  present  day. 


CHAPTER  XII 

IMMIGRATION  :    DISTRIBUTION    OF    THE    POPULATION 

86.  New    Orleans     Incorporated,    18O5. — When 
the  French  took  possession  in    1803,  the   old   Cabildo 
or     Spanish    council     was    abolished    and    Laussat 
appointed  a    city  government  for  New  Orleans.      In 
1805,  the  city  was  regularly  incorporated,    and  while 
the  first  mayor,  James  Pitot,  was  chosen  by  the  gov- 
ernor, the  inhabitants  were  empowered  to  elect  a  city 
council.      As  the  territorial  assembly  was  not  elected 
until  somewhat  later,   this  was  the  first  occasion  on 
which    the    right    of    suffrage    was  ever    exercised    in 
Louisiana. 

87.  New  Elements. — New  Orleans  was  in  a  form- 
ative state.     American  merchants,    attracted  by  the 
opportunities  for  gain,  were  beginning   to   crowd   into 
the  city,  which  already  boasted  nearly  10,000    inhab- 
itants.     From    Cuba,     also,    there    was   considerable 
immigration,  some  thousands  of  planters  having  come 
over  and  brought  with  them  their  slaves.       Germany 
soon   began    to  contribute    her     bands    of    colonists. 
Many  of  these  came  as  poor   redemptioners ;  that  is, 
on  their  arrival,  the  captains  of   the  vessels  that  had 
brought  them  sold  them  for  a  certain  term  of  years  to 
the  planters  or  to  the  inhabitants  of  the   city  as  inden- 
tured  servants.        Thus    by   their  service    they    were 
enabled  to   pay  the   price  of  their  passage  across  the 
ocean.      As  the  redemptioners  were  often  skilled  arti- 

89 


90  HISTORY    OF    LOUISIANA 

sans,  their  coming  was  heartily  welcomed.  Moreover, 
the  arrival  of  this  better  class  of  labor  kept  down  the 
price  of  negro  slaves.*  The  new  elements,  however, 
did  not  always  harmonize  with  the  old  population  in 
the  growing  city.  The  Creoles  conceived  a  cordial 
dislike  for  the  active  energetic  Americans,  who  threat- 
ened to  crowd  them  to  the  wall  in  commercial  affairs. 
Gayarre,  himself  a  Creole,  ventures  the  statement 
that  the  annual  overflows  of  the  Mississippi  and  the 
frequent  epidemics  of  yellow  fever  were  not  unwelcome 
to  the  old  Louisianians  because  these  misfortunes  dis- 
couraged the  settlement  of  the  Americans,  t 

88.  The  Counties  or  Parishes. — After  the  ces- 
sion, the  first  divisions  of  the  Territory  of  Orleans,  as 
in  the  other  Territories  of  the  United  States,  were 
called  counties.  Of  these  there  were  twelve:  German 
Coast,  Acadia,  Lafourche,  Iberville,  Pointe  Couple, 
Concordia,  Attakapas,  Opelousas,  Rapides,  Natchi- 
toches,  Ouachita,  and  Orleans.  As  these  counties 
were  very  large  and  the  boundaries  were  undefined,  a 
further  division  became  necessary,  and  in  1807  the 
legislature  divided  the  territory  into  nineteen  districts. 
These  districts,  following  the  lines  laid  down  by  the 


*  Subsequently  some  of  these  redemptioners  became  worthy  and 
honorable  citizens.  Among  them  may  be  cited  Christian  Roselius, 
who,  having  won  fame  at  the  New  Orleans  bar,  at  one  time  occupied 
a  chair  in  the  University  of  Louisiana.  See  "History  of  Redemp- 
tioners," by  J.  Hanno  Deiler. 

f  Such  was  the  conservatism  of  the  old  inhabitants  that  Augustin 
Macarty,  a  Creole,  while  he  was  Mayor  of  New  Orleans,  gave  orders 
that  the  first  cargo  of  ice  brought  to  the  city  should  be  thrown  into 
the  Mississippi,  for  fear  cold  drinks  in  summer  would  affect  throats 
and  lungs,  and  produce  consumption. 


IMMIGRATION:    DISTRIBUTION  OF  THE  POPULATION  91 

church  in  its  ecclesiastical  divisions,  were  called 
parishes,  and  were  named  in  many  instances  after 
catholic  saints.  The  name  of  county  was  gradually 
dropped,  and  at  the  present  day  Louisiana  is  the  only 
State  of  the  union  which  employs  the  word  parish  for 
its  political  divisions. 

89.  The  Parishes,  18O3-181O. — Outside  of  New 
Orleans  there  were  no  towns  of  any  importance.  At 
Galvezton,  founded  on  the  Amite  in  honor  of  Governor 
Galvez,  there  were  still  some  houses,  but  no  pros- 
perity. Under  the  same  governor  St.  Bernard  parish 
had  received  a  large  number  of  settlers  from  the 
Canary  Islands — the  so-called  Islenos  or  Islanders. 
Provided  by  the  government  with  whatever  was  neces- 
sary to  begin  farm  life,  they  found  hunting,  fishing, 
and  cattle  raising  more  profitable  than  the  cultivation 
of  the  soil.*  At  New  Iberia  there  was  also  a  settle- 
ment of  Islenos,  but  it  was  scattered  over  several 
plantations.  Even  Natchitoches,  the  oldest  town  in 
the  State,  did  not  at  this  time  rise  to  the  dignity  of  a 
hamlet.  In  West  Florida,  however,  Baton  Rouge 
was  increasing  rapidly  in  population,  and  the  cotton 
plantations  in  its  vicinity  were  very  successful.  But, 
though  the  towns  of  the  territory  were  inconsiderable, 
there  were  many  prosperous  districts  in  the  country 
parishes.  The  most  enterprising  of  these  was  that  of 
the  Germans  (descendants  of  Law's  settlers)  sixty 

*  Here  the  Islanders  live  to  the  present  day,  many  of  them  in 
simple  palmetto  huts.  They  speak  a  corrupt  Spanish.  They  are  a 
kindly  people,  but,-  for  the  most  part,  very  ignorant  and  primitive. 
Some  of  them,  however,  have  been  educated  and  have  risen  to  high 
official  position  in  the  State.  Gf.  Fortier's  "Louisiana  Studies." 


92  HISTORY    OF    LOUISIANA 

miles  above  the  city.  Doing  their  own  work  and 
owning  but  few  slaves,  these  Germans  had  made  their 
settlement  on  the  river  so  successful  that  it  became 
known  as  the  Golden  Coast  (cdte  d^ or).  They  raised 
some  sugar,  many  cattle,  and  brought  fresh  farm  prod- 
ucts of  all  kinds  to  New  Orleans. 

90.  Acadians. — Above  the  Germans  on  the  river 
were  the  Acadians,  who  were  less  prosperous  and  lived 
poorly.      However,   they  were  happy  and   well  con- 
tented with  their  humble  lot.     They  wove  their  excel- 
lent  Acadian    cloth,   which    they    dyed    with    indigo* 
Their  crops  were  small  ;  but  they  sent  quantities  of 
chickens  and  hogs  to  the  city  market.  * 

9 1 .  Prairie  Country. — To  the  west  of  the  Acha- 
falaya  were  the  Attakapas  and  Opelousas  districts,  a 
beautiful  prairie  country,  where  the  population  was 
increasing  and  where  each  year  brought  rich  harvests. 
To  these  parishes  many  settlers  had  come  from  the 
United  States,  and  with  their  industry  and  thrift  had 
set  a  good  example  to  the  less  active  Creoles,  who,  as 
a  traveler  of  that  time  tells  us,  delighted  too  much  in 
smoking,    boating,  and  hunting,    and  disliked  regular 
occupation.      Many  cattle  were  raised.     The  cultiva- 
tion of  sugar  was  already  beginning,  but  the  chief  crop 
was  cotton. 

92.  Red  River. — The  first  settlement  on  the  Red1 
River  was  in  Avoyelles,  sixty  miles  from  the  river. 

*  While  the  majority  of  the  Acadians  have  remained  unlettered, 
many  of  them  have  sought  the  advantages  of  education  and  have 
risen  to  high  dignity  in  the  government  of  the  State.  They  preserve 
their  language  (a  corrupt  French)  and  their  primitive  customs  with 
wonderful  tenacity. 


IMMIGRATION:    DISTRIBUTION  OF  THE  POPULATION  93 

The  population  was  partly  Creole  and  partly  American. 
Corn  and  cotton  were  the  staple  products,  though 
much  attention  was  paid  to  the  raising  of  cattle  and 
swine.  Above  Avoyelles  on  the  river  there  were 
other  scattered  settlements,  but  they  were  chiefly 
trading  posts.  Here  the  inhabitants  kept  up  an  active 
'Commerce  with  the  Indians,  who  brought  peltry  to 
exchange  for  the  products  of  civilization.  In  these 
settlements  the  population  seems  to  have  been  com- 
posed largely  of  American  immigrants  from  across  the 
Mississippi. 

93.  The  Indians. — The  Indians  in  the  territory 
were  chiefly  scattered  tribes.  Bands  of  Attakapas, 
Opelousas,  Tunicas,  Tensas,  etc.,  were  still  to  be 
found.  But  the  most  formidable  of  all  were  the 
•Choctaws,  nearly  5,  500  of  whom  were  distributed  over 
the  country  from  Mobile  to  the  Sabine.  These  Indians 
had  learned  from  the  whites  to  use  "  firewater,"  and 
when  drunk  they  were  often  extremely  dangerous. 
Especially  in  the  parishes  that  were  remote  from  the 
capital,  their  depredations  had  proved  a  serious 
menace  to  the  peace  of  the  settlers  and  had  even 
caused  the  desertion  of  several  farms.  For  the  most 
part,  however,  the  Indians  were  no  longer  a  source  of 
danger  to  the  inhabitants.  They  lived  by  hunting  and 
the  fur  trade,  or  hired  themselves  to  the  colonists  as 
boatmen  on  the  Mississippi.* 

*  The  Indians  are  not  yet  extinct  in  Louisiana,  though  the  number 
surviving  is  only  about  seven  hundred. 


CHAPTER  XIII 

STIRRING    EVENTS.       STATEHOOD 

94.  The  Burr  Plot. — In  1807  there  was  great  ex- 
citement in  New  Orleans  over  the  so-called  Burr  plot. 
Aaron  Burr  had  been  vice-president  of  the  United 
States;  but  having  killed  in  a  duel  the  distinguished 
statesman,  Alexander  Hamilton,  he  found  himself  very 
unpopular  in  the  east.  Proceeding  to  Kentucky,  he 
surrounded  himself  with  a  number  of  adherents,  whom 
he  charmed  with  his  fascinating  manners,  and,  it  is 
said,  with  bold  schemes  for  a  separation  of  the  western 
country  from  the  United  States  government.  His 
enemies  declared  that  he  also  intended  to  invade 
Mexico,  conquer  that  country,  and  make  New  Orleans 
the  capital  of  his  possessions.  Burr  himself  affirmed 
that  he  intended  nothing  more  than  the  settlement  of 
a  large  tract  of  land  that  he  had  purchased  on  the 
Ouachita,  in  Louisiana.  However,  measures  were 
immediately  taken  by  the  United  States  government 
to  circumvent  any  of  his  schemes  that  might  prove 
treasonable.  General  James  Wilkinson  placed  New 
Orleans  under  martial  law,  arrested  all  whom  he  sus- 
pected of  being  Burr's  agents,  and  refused  to  surren- 
der them  on  writs  of  habeas  corpus.  Such  conduct 
aroused  great  opposition  ;  for  it  was  believed  that 
there  was  no  occasion  for  these  arbitrary  proceedings. 
Finally,  however,  news  came  that  the  President  of  the 
United  States  had  issued  a  proclamation  against  Burr. 


STIRRING    EVENTS.       STATEHOOD  95 

Soon  after  he  was  arrested  in  Mississippi  and  sent  on 
to  Richmond  for  trial.  Thus  all  his  schemes,  the 
nature  of  which  has  never  been  clearly  known,  came 
to  nought,  and  the  excitement  in  New  Orleans  grad- 
ually died  away.  * 

95.  The  Baton  Rouge  Revolt,  181O. — The  claim 
of  the  American  government  to  West  Florida  had 
never  been  recognized  by  Spain,  and  up  to  the  year 
i8iox  the  territory  had  remained  in  the  hands  of  the 
latter  power.  In  the  Baton  Rouge  district  of  Florida, 
however,  the  settlers  were  for  the  most  part  Amer- 
icans. Discontented  under  the  Spanish  rule,  these 
settlers,  together  with  some  of  the  old  inhabitants, 
determined  upon  the  capture  of  the  Spanish  fort  at 
Baton  Rouge,  which  at  this  time  (1810)  was  feebly 
garrisoned.  The  officer  in  command  was  Colonel  de 
Grandpre,  acting  under  the  orders  of  Governor  de 
Lassus.  The  Americans,  under  Philemon  Thomas, 
being  far  more  numerous,  had  an  easy  victory.  The 
gallant  De  Grandpre,  who  might  have  surrendered 
with  honor,  was  shot  down  at  the  head  of  his  garrison, 
while  De  Lassus  was  taken  prisoner.  The  victors 
established  an  independent  government  under  the 
title  of  the  Commonwealth  of  West  Florida,  and 
at  the  same  time  expressed  a  desire  to  be  admitted 
into  the  American  Union.  The  proclamation  of  the 
President,  far  from  recognizing  the  bold  suggestion  of 
a  new  Commonwealth,  promptly  ordered  Governor 
Claiborne  to  take  possession  of  West  Florida  in  the 
name  of  the  United  States  government.  Two  years 

*  As  no  treasonable  action  could  be  proved  against  Burr  he  was  set 
at  liberty,  and  he  died  in  poverty  and  obscurity. 


96  HISTORY    OF    LOUISIANA 

later,  when  the  Territory  of  Orleans  was  admitted' as 
a  State,  that  portion  of  West  Florida  lying  between 
the  Mississippi  and  Pearl  River  was  declared  by  Con- 
gress to  be  a  part  of  Louisiana.  This  decision  settled 
the  eastern  boundary  of  the  State. 

96.  Slave  Insurrection,  1811. — The  year  181 1  was 
marked  by  one  of  those  terrible  insurrections  which 
seem  to  have  been  a  necessary  result  of  the  institution 
of  slavery.      The  blacks,  plotting  among  themselves, 
determined  to  march  down,  500  strong,  from  St.  John 
the  Baptist  Parish,  gather  recruits  on  the  way,  and  try 
to  capture  New  Orleans.     To  the  chant  of  barbaric 
songs  and   to  the  beating  of  drums,  they  proceeded 
down  the  banks  of    the  Mississippi,  scattering  the  ter- 
rified planters  before  them.      When  they  approached 
New  Orleans,  however,  they  were  confronted   by  the 
disciplined  troops  of  the  United  States  under  General 
Wade   Hampton,  and  were  quickly  dispersed.      The 
execution   of  the  ringleaders  checked  such  uprisings 
for  many  years  afterwards. 

97.  The  State  of  Louisiana,  1812. — As  the  num- 
ber   of    inhabitants  in  the  Territory  of    Orleans  had 
now  risen  to  75,000,  there  was  no  longer  any  valid 
excuse  for  denying  it  the  privilege  of  drawing  up  a 
constitution  and  entering  the  Union  as  a  State.      It  is 
difficult  for  us  at  the  present  day,  however,  to  under- 
stand the  bitter  feeling  aroused  in  the  Congress  of  the 
United  States  by  the  proposal  to  grant  this  Territory  the 
rights  of  Statehood.     The  discussion  waxed  hot.     The 
opponents  of  the  bill  declared  that  to  admit  a  Territory 
peopled  largely  by  French  and  Spanish  Creoles,  would 
be  injurious  to  the  interests  of  the  Eastern  States. 


STIRRING    EVENTS.       STATEHOOD  97 

No  sympathy  could  exist  between  the  representatives 
of  the  proposed  State  and  those  of  the  older  common- 
wealths. During  the  debate  a  distinguished  repre- 
sentative from  Massachusetts,  Josiah  Quincy,  used 
these  memorable  words:  '  'If  this  bill  passes,  the  bonds 
of  the  Union  are  virtually  dissolved;  the  States  that 
compose  it  are  free  from  their  moral  obligations,  and 
as  it  will  be  the  right  of  all,  so  it  will  be  the  duty  of 
some,  definitely  to  prepare  for  a  separation,  amicably 
if  they  can,  violently  if  they  must."  In  spite,  how- 
ever, of  this  threatening  language,  the  bill  was  passed 
by  Congress,  authorizing  the  calling  of  a  convention  in 
New  Orleans  to  frame  a  Constitution.  When  this 
Constitution  had  been  approved  by  Congress  an  act 
was  passed  (April  8,  1812),  admitting  the  Territory  of 
Orleans  into  the  Union  under  the  title  of  the  State  of 
Louisiana. 

98.  Claiborne  Elected  Governor. — The  governor 
chosen  by  the  people  of  the    new  State   was  Wm. 
C.  C.  Claiborne  (i 812-16),  the  former  governor  of  the 
Territory — a  choice  which  must  have  been  for  that 
official  a  gratifying  testimonial  of  the  esteem  in  which 
he  was  now  held  by  the  people  whom  he  had  already 
governed  for  eight  years. 

99.  The  First  Steamboat  (1812). — The  first  month 
of  the  year  1812  witnessed  an  important  event.      Up 
to  this  time  it  had  been  necessary  for  a  vessel  to  con- 
sume ten  or  fifteen  days  in  ascending  the  river  from  its 
mouth  to  New  Orleans,  a  distance  of  107  miles.      But 
now  a  new  order  of  things  was  to  supplant  the  old;  for 
a  steamboat,  the  first  ever  seen  in  southern  waters, 
descended  the    Mississippi    from    Pittsburg    to    New 


98  HISTORY   OF   LOUISIANA 

Orleans.  As  this  steamboat  was  the  pioneer  of  others, 
traffic  on  the  river  received  a  great  impetus.  Quick 
transportation  made  agriculture  a  more  profitable 
employment  than  ever  before.  The  shipment  of  grain 
from  the  western  States  through  the  port  of  New 
Orleans,  though  far  from  reaching  the  proportions  of 
the  present  day,  was  soon  an  important  item  in  the 
commerce  of  the  State.  Moreover  the  establishment 
of  rapid  communication  on  the  river  helped  to  bring 
the  people  of  the  State  into  closer  relations  with  one 
another,  and  to  produce  a  unity  of  feeling  and  thought. 


CHAPTER  XIV 

THE    WAR    OF     l8l2-l5 

I OO.  Preparations. — The  clouds  of  war,  however, 
were  already  threatening  to  darken  the  bright  pros- 
pects of  the  young  State.  The  high-handed  conduct 
of  England  in  interfering  with  our  commerce,  and 
above  all  in  seizing  American  sailors  under  the  plea 
that  they  were  English  born,  had  forced  our  govern- 
ment to  declare  war.  The  details  of  the  conflict  in 
other  parts  of  the  Union  cannot  be  given  here.  It 
was  not  till  the  third  year  of  the  war  that  Louisiana 
herself  was  threatened.  The  object  of  the  British  then 
was  to  seize  New  Orleans  as  the  key  of  the  Mississippi 
valley,  and  afterwards  to  proceed  to  invade  the  valley 
itself.  As  soon  as  this  intention  became  clear,  General 
Andrew  Jackson  was  dispatched  to  the  south  to  meet 
the  invaders  with  such  troops  as  he  could  procure. 
After  driving  the  English  out  of  Pensacola,  Jackson 
moved  his  headquarters  to  New  Orleans  (December  I, 
1814). 

I O I  -  The  Baratarians. — The  invasion  of  Louisi- 
ana had  been  kept  by  the  English  a  profound  secret, 
but  the  whole  scheme  had  been  betrayed  to  Claiborne 
by  their  efforts  to  win  over  to  their  side  the  famous 
smugglers  of  Barataria.  It  will  be  necessary  briefly 
to  explain  the  circumstances.  On  the  southern  coast 
of  Louisiana  there  is  a  large  bay  known  as  Barataria. 
It  is  protected  from  the  storms  of  the  gulf  by  a  small 

99 


100  HISTORY    OF    LOUISIANA 

island  called  Grande  Terre.  On  the  inner  side  of  this 
island  a  number  of  smugglers  or  privateers  had  erected 
a  fort  called  the  Temple,  whither  they  brought  the 
proceeds  of  their  depredations  on  Spanish  commerce. 
At  the  head  of  these  men  was  Jean  Lafitte,  a  former 
blacksmith  of  New  Orleans,  who  had  given  up  the 
occupation  of  shoeing  horses  for  the  more  hazardous, 
but  more  profitable  profession  of  capturing  Spanish 
vessels  and  selling  their  rich  cargoes  through  his  agents 
in  New  Orleans.  Claiborne  viewed  these  violations 
of  the  custom  house  laws  with  no  favorable  eye,  but 
he  found  it  hard  to  convince  the  inhabitants  of  New 
Orleans  that  smuggling  was  a  crime.  The  severe 
custom  duties  of  the  Spanish  regime  had  led  many 
even  of  the  better  class  of  citizens  to  evade  the  laws 
whenever  the  profits  were  large  and  detection  uncer- 
tain. Nevertheless  Claiborne  proclaimed  Jean  Lafitte 
and  his  associates  to  be  dangerous  outlaws.  Finally, 
Pierre  Lafitte,  a  brother  of  the  smuggling  chief, 
having  been  arrested,  was  thrown  into  the  calaboose 
in  New  Orleans. 

I O2.  The  Baratarian  Settlement  Destroyed.— 
At  this  very  time,  the  British,  wishing  to  obtain  the 
co-operation  of  the  Baratarians,  sent  a  deputation  to 
wait  on  Jean  Lafitte,  promising  him  the  grade  of  cap- 
tain in  their  army  and  the  sum  of  $30,000,  if  he  would 
desert  the  government  that  had  branded  him  as  an 
outlaw  and  aid  in  the  invasion  of  Louisiana.  Lafitte's 
patriotism,  however,  was  proof  against  such  induce- 
ments. He  immediately  wrote  to  a  member  of  the 
Louisiana  legislature,  disclosing  all  the  plans  of  the 
British  and  asking  to  be  allowed  to  fight  in  defence  of 


THE    WAR    OF    I  Si  2-1 5  IOI 

his  State.  A  committee  of  officers  having  been  called 
together  by  Claiborne  to  consider  this  proposition, 
decided  with  hardly  a  dissenting  voice  to  have  no 
dealings  with  the  smugglers,  and  even  to  reward  the 
generous  offer  of  Lafitte  by  sending  an  expedition  to 
exterminate  him  and  his  pirate  crew.  This  was  done. 
A  large  force  under  Commodore  Patterson  and 
Colonel  Ross,  of  the  United  Seates  navy,  proceeded 
to  Barataria  Bay,  where,  though  Lafitte  escaped,  the 
settlement  was  broken  up  and  a  rich  booty  fell  into 
the  hands  of  the  raiders. 

103.  Lafitte    Visits    Jackson. — When    General 
Jackson  reached  New  Orleans,  Lafitte,  still  unshaken 
in  his  allegiance  to  his  own  government,  visited  him 
and  again    proffered   his   services   and   those  of   his 
lieutenants  for  the  defence  of  New  Orleans.     Jackson 
had  heartily  approved  of  Claiborne's  expedition,  and 
in  his  usual  vehement  manner,  had  denounced   the 
smugglers  as  "  hellish  banditti."     Nevertheless,  when 
he  saw  Lafitte,  and  heard  his  offer  of  assistance,  he 
seems  to  have  changed  front.     He  promptly  placed 
Lafitte,    Dominique  You,    and   other    Baratarians    in 
charge    of    important    defences,    and    some    of   them 
commanded    batteries    on    the    field    of    Chalmette. 
Here  they  won  not  only  high  praise  from  Jackson  for 
their  martial  skill  and  bravery,  but  also  a  full  pardon 
for  the  past  from  the  United  States  government. 

0 O4.  Defences. — It  hardly  surprises  us  that  Jack- 
son should  have  accepted  the  assistance  of  these  buc- 
caneers when  we  learn  the  defenceless   condition  of 
Louisiana    at   the   time    of   the   invasion.      With   its 
numerous  water   courses   the   State  was    exposed   to 


102  HISTORY   OF    LOUISIANA 

attack  on  several  sides,  while  the  United  States 
government  seems  to  have  neglected  to  strengthen 
Jackson's  hands  by  placing  at  his  disposal  sufficient 
munitions  of  war.  Jackson,  however,  was  not  dis- 
couraged. His  presence  in  New  Orleans  inspired 
Creoles  and  Americans  alike  with  the  greatest  energy 
and  enthusiasm.  Preparations  for  the  coming  con- 
flict went  on  by  day  and  night.  Latour,  an  engineer 
on  Jackson's  staff,  testifies  that  the  people  of  the 
State  were  as  cheerful  as  if  preparing  for  a  holiday 
excursion.  After  reviewing  the  State  militia,  Jackson 
visited  the  various  ports  on  the  river  and  the  lakes, 
strengthening  the  defences  by  the  erection  of  batteries 
and  closing  the  bayous  leading  into  the  interior. 
Only  one  of  these  bayous  seems  to  have  been  neg- 
lected. This  was  Bayou  Bienvenu,  through  which  it 
was  possible  to  send  boats  from  Lake  Borgne  to  the 
plantations  lying  below  the  city.  The  failure  to  close 
this  bayou,  which  was  doubtless  a  pure  accident,  led 
directly  to  the  Battle  of  New  Orleans. 

IO5.  The  Landing  of  the  British.— The  first 
hostile  act  of  the  British  was  to  overcome  a  small 
American  fleet  which,  under  Lieut.  Ap  Catesby  Jones, 
was  guarding  Lake  Borgne.  Then,  having  discovered 
the  unprotected  bayou,  they  landed  a  number  of  boats, 
and  rowing  along  through  the  high  reeds  which  con- 
cealed so  well  their  designs,  they  finally  reached  firm 
land  near  the  plantation  house  of  General  Viller£. 
Surrounding  this,  they  captured  all  the  inmates. 
Major  Villere",  the  general's  son,  however,  jumped 
through  a  window,  and  though  fired  upon  by  the 
British  guard,  made  good  his  escape  to  New  Orleans. 


THE    WAR    OF    l8l2~I5  103 

106.  The    Attack   of    December    23d. — When 
Jackson   learned  of  the   approach   of  the  enemy,  he 
ordered  out  all  his  troops,  and  swore   * '  by  the  eternal ' ' 
that  the  British  should  not  sleep  that  night  on  Loui- 
siana soil.      He   made  good  his  oath.      In  the  mean- 
time the  British  had  encamped   some  miles  below  the 
field  of  Chalmette.      Here, 'as  soon  as  it  was  evening, 
fires  were   lighted,  and   the   neighboring   houses  were 
robbed  of  fowls,  hams,  and  wines  to  furnish  forth  their 
supper.      Suddenly  a  large  vessel  was  seen   creeping 
down   the   Mississippi.      It  was  growing  dark  and  in 
the  twilight  the  British  at  first  thought  one  of  their 
own    cruisers  was   approaching,    but    disappointment 
quickly  followed  when  the  vessel  opened   fire  on  their 
camp  with  grape  and  canister,  and  a  rough  voice  on 
board  cried:     "Now,  my  lads,   load  again,    and  give 
those    'tarnal   Britishers    another    round  of    grape." 
Then  followed  a  scene  of  wild  confusion.     The  camp 
fires  were  hastily  extinguished,  and  as  the  deadly  grape- 
shot  began  to  fall,  shrieks  and  groans  arose  on  every 
side,  while  those  that  were  able  rushed  to  the  levee 
for  protection.      Hardly  had  they  reached  this  shelter 
when  the  sharp  firing  of  pickets  announced  that  the 
Americans   under  Jackson  had  attacked  the  camp  on 
the  land  side.    In  terrible  straits,  but  not  disheartened, 
the  British  hastily  formed  their  ranks  and  rushed  for- 
ward to  the  conflict.     The  vessel  on  the  river  was  now 
compelled  to  remain  silent. 

0 O7.  The  First  Battle. — The  Americans,  inspired 
by  Jackson's  presence,    threw   themselves    upon   the 
enemy  in  a  hand-to-hand    conflict.      For  two  hours  or 
more,  by  the  light  of  the  moon  partially  obscured,  the 


104  HISTORY    OF    LOUISIANA 

fighting  continued.  The  armies  were  split  up  into 
small  attacking  parties,  which  often  found  it  impos- 
sible to  distinguish  friend  from  foe.  Finally  Jackson, 
who  had  only  2, 131  men  on  the  field,  learned  that  the 
British  were  bringing  up  reinforcements  from  the 
bayou.  He  determined,  therefore,  to  withdraw  his 
forces.  He  had  lost  in  prisoners,  wounded,  and  killed, 
213  men,  while  the  enemy,  who  before  the  contest 
was  over  had  about%2,2OO  men  on  the  field,  had  lost 
400.  When  the  English  returned  to  their  camp, 
they  were  afraid  to  relight  their  fires,  for  the  American 
vessel  still  held  her  threatening  position  on  the  river 
and  the  fires  would  enable  her  to  direct  her  guns. 
Shivering  in  the  cold,  they  passed  a  night  of  vigil. 

I O8.  Result  of  the  First  Conflict. — Instead  of  an 
easy  conquest  of  New  Orleans,  which  they  had  been 
led  to  expect,  instead  of  the  Creoles  deserting  to  them 
as  they  had  presumptuously  hoped,  they  had  met  with 
a  decided  repulse.  No  advance  could  now  be  made 
until  more  troops  and  some  heavy  artillery  were 
brought  up  from  the  fleet;  for  the  American  vessel 
must  be  dislodged  from  her  position  by  a  battery  on 
the  river  bank.  If  the  British,  after  their  landing, 
had  marched  rapidly  on  New  Orleans,  the  city  would 
most  probably  have  fallen  into  their  hands.  Now 
Jackson  had  leisure  to  prepare  for  them.  Fortifying 
an  old  canal  on  the  field  of  Chalmette,  he  stretched 
his  breastworks  from  the  river  to  a  cypress  swamp  on 
the  left.  This  swamp  the  British  afterwards  attempted 
to  penetrate,  but  declared  it  was  impassable.  Hence 
Jackson's  position  was  the  best  that  could  have  been 
selected. 


THE    WAR    OF    l8l2-I5  105 

IO9.  Pakenham  in  Command. — On  the  25th 
(Christmas  day)  General  Pakenham,  brother-in-law  of 
the  Duke  of  Wellington,  arrived  as  commander-in- 
chief  of  the  British  army.  Planting  a  battery  on  the 
levee,  he  succeeded  in  setting  the  American  vessel  on 
fire  with  hot  shot  and  thus  forced  her  crew  to  desert 
her.  During  the  next  few  days  he  engaged  in  two 
artillery  battles  with  the  Americans;  but  the  victory 
rested  with  the  latter,  who  proved  themselves  such 
excellent  gunners  as  to  extort  praise  even  from  their 
enemies.* 

I  IO.  Renewed  Preparations. — Both  sides  now 
received  reinforcements.  Jackson's  army  had  been 
formed  from  a  strange  mingling  of  Louisiana  Creoles, 
of  Frenchmen  living  in  Louisiana,  of  Mississippi  and 
Tennessee  militia,  of  free-men-of-color,  and  of  United 
States  marines.  He  was  now  strengthened  by  troops 
from  the  Acadian  coast,  from  Baton  Rouge,  and  from 
Kentucky,  until  he  had  3,600  men  behind  his  breast- 
works and  800  Mississippi  cavalry  and  Attakapas 
dragoons  to  serve  as  a  rearguard.  Across  the  river, 
nearly  opposite  to  his  line,  Jackson  had  placed  General 
Morgan,  with  some  Louisiana  and  Kentucky  troops,  to 
defend  the  right  bank.  On  the  British  side,  General 
Lambert  had  arrived  with  additional  troops,  swelling 
the  British  army  to  8,900  men — a  force  just  double 
that  of  the  American  general. 

III.     The   Battle  of  January   8,    1815. — Paken- 

*  During  these  battles,  the  English  used  barrels  of  sugar  to 
strengthen  their  batteries,  while  Jackson  used  cotton  bales  for  the 
same  purpose.  Thus  cotton  was  pitted  against  sugar,  and  the  former 
won  the  day. 


IO6  HISTORY    OF    LOUISIANA 

ham  saw  no  other  chance  of  victory  than  to  attack 
simultaneously  on  the  two  sides  of  the  river  and  to 
carry  the  breastworks  by  storm.  The  day  chosen 
for  this  supreme  effort  was  January  8th.  Every- 
thing seemed  ready  by  the  night  of  the  7th,  and 
on  the  following  morning  two  rockets  went  up 
from  the  British  camp  as  a  signal  for  the  conflict. 
These  were  clearly  seen  by  the  Americans,  who 
made  their  preparations  to  give  the  red-coats  a 
warm  reception.  The  English  commander  had 
ordered  Colonel  Muggins  of  the  44th  to  furnish  his 
men  with  fascines  or  bundles  made  of  sugar  cane 
and  with  ladders.  Throwing  these  fascines  into  the 
canal  in  front  of  Jackson's  breastworks,  they  were  to 
scale  the  embankment  with  the  ladders.  But  Muggins 
seems  to  have  wilfully  neglected  these  orders,  for  his 
men  appeared  upon  the  field  without  the  necessary 
implements.  When  Pakenham  learned  this,  he  im- 
mediately ordered  Muggins  to  fall  back  and  get  them, 
but  it  was  too  late.  The  mist  that  hung  over  the  field 
had  suddenly  vanished;  so  that  the  advancing  columns 
of  the  British  were  a  target  for  the  Tennessee  riflemen 
and  for  the  gunners  at  the  batteries.  Fire  and  shell 
belched  out  from  every  gun.  "  Stand  to  your  guns, "" 
cried  Jackson,  who  seemed  to  be  everywhere;  "don't 
waste  your  ammunition  ;  see  that  every  shot  tells. "" 
His  riflemen  hardly  showed  their  heads  as  they  raised 
their  firelocks  above  the  breastworks  and  dealt  out 
death  to  their  assailants.  The  field  on  which  the 
British  were  advancing  was  literally  furrowed  by  the 
terrible  fire  of  the  cannon.  No  men,  however  brave, 
could  overcome  such  odds.  To  make  the  position  of 


THE    WAR    OF    l8l2-I5  TO/ 

the  English  still  more  critical,  the  American  battery 
on  the  other  side  of  the  Mississippi  was  now  throwing 
a  cross  fire  into  the  British  columns.  Pakenham  him- 
self was  struck  three  times,  the  last  time  fatally,  and 
beneath  the  branches  of  a  neighboring  oak  he  expired. 
The  gallant  command  of  General  Keane,  which  num- 
bered 900  men,  was  almost  swept  away,  only  130 
being  left  alive.*  At  two  o'clock  in  the  afternoon  two 
thousand  British  soldiers  lay  dead  upon  the  field  of 
Chalmette.  Jackson  had  lost  only  eight  killed  and 
fourteen  wounded.  An  armistice  of  two  days  was  now 
agreed  upon  to  bury  the  dead.  Shallow  pits  were  dug, 
in  which  the  British  soldiers  were  hurriedly  laid  to  rest. 
The  bodies  of  Pakenham  and  of  several  other  officers 
were  sunk  in  barrels  of  rum  to  be  transported  to  Eng- 
land. On  the  other  bank  of  the  river,  Colonel 
Thornton,  though  he  arrived  too  late  to  seize  the 
American  battery  and  turn  it  against  Jackson's  line, 
was  yet  successful  in  putting  General  Morgan's  troops 
to  flight.  When,  however,  he  heard  of  Pakenham's 
defeat,  he  retired  down  the  river  and  rejoined  the  de- 
feated army. 

I  12.  Retreat  of  the  British. — About  a  week 
later,  when  they  learned  that  their  fleet  had  been 
unable  to  pass  the  forts  on  the  river,  the  English 
broke  camp,  and  cautiously  stole  away  to  Lake  Borgne. 
The  trained  troops  of  England,  which  had  won  vic- 
tories in  the  Spanish  campaign  against  the  armies  of 
Napoleon,  and  which  under  General  Lambert  were  to 
join  a  few  months  later  in  winning  the  great  battle  of 

*  Compare  the  famous  "Charge  of  the  Six  Hundred,"  at  Bala- 
clava, by  Tennyson. 


108  HISTORY   OF   LOUISIANA 

Waterloo,  had  been  defeated  by  the  undisciplined 
militia  of  the  Southern  States. 

I  1 3.  The  Victory  Celebrated. — In  New  Orleans 
the  issue  of  the  great  battle  had  been  awaited  with 
much  trepidation.  It  was  whispered  that  the  watch- 
word of  the  British  was  "Booty  and  Beauty,"  and 
that  if  New  Orleans  should  fall  into  their  hands,  it 
would  be  ruthlessly  sacked.  Many  declared  that  if 
the  grim  old  Commander  Jackson  were  forced  to 
evacuate  the  city,  he  would  destroy  it  rather  than 
allow  the  enemy  to  take  possession.  Imagine  then 
the  joy  of  the  inhabitants  when  a  swift  courier  galloped 
through  the  streets,  shouting  :  ' '  Victory  !  victory  ! 
Pakenham  is  defeated  !  Hurrah  for  Jackson  !  "  On 
the  2ist  of  January  Jackson  issued  a  proclamation, 
praising  the  skill  and  bravery  of  the  soldiers  that  had 
fought  under  him.  All  received  their  meed  of  praise 
— the  Kentuckians,  Mississippians,  and  Tennesseeans, 
who  had  left  their  homes  to  defend  Louisiana;  the 
Creoles,  who  had  never  for  a  moment  wavered  in 
their  loyalty  to  the  United  States  government;  the 
Baratarians,  who  had  redeemed  their  reputations  on 
the  field  of  Chalmette,  and  the  free-men-of-color,  who 
had  shown  no  less  fortitude  than  the  whites.  A  few 
days  later  the  Place  d'Armes  was  the  scene  of  a 
splendid  ceremonial,  during  which  the  General, 
crowned  with  laurel,  marched  at  the  head  of  a  grand 
procession  to  the  cathedral  to  listen  to  a  Te  Deum  in 
honor  of  his  victory. 

I  1 4.  The  End  of  the  War. — On  the  1 3th  of 
February,  more  than  a  month  after  the  battle,  Jack- 
son was  notified,  by  the  admiral  of  the  British  navy, 


THE   WAR   OF    l8l2-I5 

that  news  had  arrived  of  a  peace  signed  between  the 
United  States  and  England  at  Ghent  on  the  24th  of 
December.*  Had  the  ocean  cable,  which  now  con- 
nects all  parts  of  the  civilized  world,  been  laid  at  this 
time,  the  battle  of  New  Orleans  would  never  have  been 
fought.  Yet  the  battle  was  not  fought  in  vain.  The 
heroism  of  the  English  on  that  fatal  day  and  the  brave 
conduct  of  Jackson's  men  created  a  mutual  respect 
that  has  never  ceased  to  influence  the  two  peoples. 

*  As  the  official  news  of  the  peace  was  slow  in  reaching  Jackson  (it 
took  twenty-two  days  for  it  to  reach  Washington),  he  kept  New  Or- 
leans under  martial  law  for  more  than  two  months  after  the  battle 
and  even  banished  from  the  city  a  district-judge,  who  had  displeased 
him.  For  this  he  was  afterwards  summoned  before  the  same  judge 
and  fined  $1,000.  This  sum  the  general  promptly  paid;  but,  thirty 
years  later,  it  was  returned  to  him  by  the  United  States  government. 
In  1828  and  again  in  1832  he  was  elected  President  of  the  United 
States. 


CHAPTER  XV 

A  PERIOD  OF  DEVELOPMENT 

I  1 5.  New  Objects  of  Interest. — Though  we  men- 
tion with  pride  the  splendid  record  of  the  State  at  the 
Battle  of  New  Orleans,  it  is  with  no  less  pride  that  we 
turn  to  the  development  of  Louisiana  in  the  succeed- 
ing years.  ' '  Peace  had  her  victories  no  less  than 
war."  The  subjects  of  our  narrative  will  now  be  the 
growth  of  the  population,  the  improvement  in  business 
facilities,  the  progress  of  agriculture,  the  political 
forces  that  were  at  work  in  the  State,  and  the  spread 
of  popular  education. 

I  16.  The  Close  of  Claiborne's  Term. — When 
the  term  of  Claiborne  as  governor  expired,  he  was  suc- 
ceeded by  General  James  Villere*,  a  distinguished 
Creole  (1816-20).  Before  leaving  office  Claiborne 
bore  witness  to  the  prosperous  condition  of  agriculture 
and  commerce,  recommending,  however,  that  the 
plantations  should  be  protected  by  better  levees.  He 
criticised  unfavorably  the  criminal  laws  then  existing, 
declaring  that  the  penalties  were  not  proportioned  to 
the  offences.  The  object  of  the  laws,  he  added,  was 
to  prevent  crimes  rather  than  to  punish  them  ;  that 
certainty  and  celerity  in  laws  are  always  more  desir- 
able than  severity — wise  maxims  that  are  too  often 
neglected  in  our  own  day. 

I  1 7.  Growth  of  Population. — The  growth  of  the 
population  during  this  period  was  wonderful.  The 


no 


A    PERIOD    OF    DEVELOPMENT  III 

opportunities  for  the  rapid  accumulation  of  fortunes 
attracted  speculators  and  adventurers,  not  only  from 
the  rest  of  the  Union,  but  even  from  foreign  countries. 
From  the  Louisiana  Gazette  of  the  year  1825,  we 
learn  that  planters  from  Virginia,  North  Carolina, 
Georgia,  and  Alabama,  recognizing  the  superior 
advantages  of  the  Louisiana  lands,  were  crowding 
into  the  State  with  their  slaves.  Fine  woodlands  in 
the  Opelousas,  Attakapas,  and  Natchitoches  districts 
could  be  bought  at  from  two  to  five  dollars  an  acre. 
Town  after  town  in  the  country  parishes  was  incor- 
porated, and  the  port  of  New  Orleans  kept  pace  with 
the  prosperity  of  the  interior.* 

I  18.  Bancomania. — The  prosperity,  however, 
was  not  unalloyed.  Political  economists  hold  that 
the  rapid  increase  of  wealth  is  likely  to  lead  to  reck- 
less speculation,  which  in  turn  leads  to  financial 
panics.  Louisiana  was  no  exception  to  this  general 
principle.  The  growing  business  of  the  State 
demanded  a  number  of  banks  in  New  Orleans.  In  the 
annals  of  this  period  frequent  mention  is  made  of  the 
incorporation  of  such  institutions,  each  with  a  capital 
ranging  from  two  to  four  millions.  The  State  fre- 
quently made  itself  a  partner  in  these  enterprises  by 
subscribing  to  a  large  amount  of  the  stock.  In  order 
to  compete  with  each  other,  these  banks  began  to  lend 
money  on  all  kinds  of  so-called  securities — especially 
land  and  slaves.  In  our  day  state  banks  are  pre- 

*  In  1812  the  population  of  the  State  was  about  75,000,  of  whom 
one  half  were  slaves  ;  in  1820  it  was  153,407  ;  in  1830,  215,000  ;  in 
1840,  350,000  ;  and  in  1860,  708,000.  New  Orleans  in  1830,  46,000  ; 
in  1840.  102,000. 


112  HISTORY    OF    LOUISIANA 

vented  from  issuing  paper  money  by  a  heavy  Federal 
tax;  but,  at  this  time,  such  money,  though  it  was  not 
a  legal  tender,  was  issued  freely  and  was  presumably 
secured  by  specie  in  the  vaults  of  the  banks.  The 
planters,  borrowing  freely  from  these  banks,  began  to 
increase  the  expenses  of  living.  Their  extravagance 
in  the  decade  of  1830-40  would  have  been  ruinous 
unless  the  profits  of  agriculture  had  been  enormous. 
Cotton  and  sugar  both  brought  high  prices,  however, 
and  there  followed  what  are  termed  the  "  Flush 
Times  "  of  Louisiana.*  Gambling  on  the  Mississippi 
and  in  New  Orleans  was  conducted  on  a  grand  scale. 
Lottery  companies  were  incorporated  by  the  legisla- 
ture to  aid  educational  and  charitable  institutions,  and 
even  to  pay  off  the  debts  of  a  church  in  New  Orleans. 
I  1 9.  Panic. — Speculation  was  in  the  air.  Prop- 
erty around  New  Orleans  rose  in  value  until  tracts  of 
swamp  land  upon  which  no  human  being  could  live 
brought  their  owner  a  fortune.  The  crisis  was  not  far 
off.  Throughout  the  United  States  at  this  period, 
there  was  a  general  inflation  of  values  ;  everybody 
was  anxious  to  get  rich  by  speculation.  Just  then, 
the  government  at  Washington  under  Jackson,  and  a 
little  later  under  Van  Buren,  thought  it  wise  to  require 
that  all  debts  due  the  government  should  be  paid  in 

*The  number  of  sugar  plantations  in  1803  had  been  only  75;  but  in 
1833  it  had  risen  to  700,  with  an  invested  capital  of  fifty  millions.  In 
1837,  however,  the  price  of  cotton  was  eighteen  cents  a  pound,  and 
as  a  new  tariff  had  lowered  the  price  of  sugar,  one  hundred  and  sixty- 
six  plantations  of  sugar  were  turned  into  cotton  fields.  Thus  in  1837 
Louisiana  produced  225,000  bales.  This  change  from  one  staple  to 
the  other  seems  to  have  been  continued  according  as  the  tariff 
affected  prices. 


A    PERIOD    OF    DEVELOPMENT 

gold  and  silver  instead  of  paper  money.  This  action 
precipitated  the  panic  that  was  bound  to  come  in  any 
case.  The  paper  money,  when  it  lost  popular  confi- 
dence, was  worthless  unless  it  could  be  immediately 
redeemed  in  specie.  This  the  banks  were  unable  to 
do  ;  for  they  had  issued  large  quantities  of  paper 
money,  and  had  often  lent  out  from  their  vaults  the 
specie  held  for  redemption.  In  1837,  fourteen  banks 
of  New  Orleans  suspended  in  one  day,  only  two  con- 
tinuing to  redeem  their  notes.  In  1839  they  all  sus- 
pended. A  panic  ensued,  in  which  business  was  ham- 
pered, and  many  fortunes  were  wrecked.  Luckily, 
however,  the  country  was  rich  in  resources,  and  after 
a  few  years  of  struggle  the  crisis  was  successfully 
passed.  At  the  same  time  the  State  learned  a  severe 
lesson  from  its  experience  in  subscribing  to  and  guar- 
anteeing the  stock  of  ( '  wild-cat ' '  banks  ;  for  its 
liabilities  in  1839  amounted  to  twenty-three  millions 
of  dollars.* 

*  No  detailed  account  can  be  given  here  of  the  worthy  gentlemen 
who  filled  the  gubernatorial  chair  between  the  years  of  1820  and  1860. 
They  all  seem  to  have  had  the  welfare  of  the  State  at  heart,  and  to 
have  devoted  their  best  energies  to  its  advancement.  Their  names 
with  their  dates  are  appended: —  - 

Thos.  B.  Robertson  1820-24.  He  resigned  before  the  end  of  his 
term,  which  was  completed  by  H.  S.  Thibodaux,  president  of  the 
senate. 

Henry  Johnson  1824-28. 

Peter  Derbigny  1828-29.  Derbigny  was  killed  by  a  fall  from  his 
carriage,  and  was  succeeded  by  A.  Beauvais  (1829-30),  until  the 
meeting  of  the  Legislature,  and  then  by  Jacques  Dupr£,  1830-31. 

A.  B.  Roman  1831-35. 

E.  D.  White  1835-39. 

A.  B.  Roman  (2nd  term),  1839-43. 

Alex.  Mouton  1843-46. 


114  HISTORY   OF   LOUISIANA 

1 2O.  Signs    of   Progress. — After  the  year    1830 
much  activity  was  shown  in  the  building  of  railroads, 
the  first  completed  being  the  Pontchartrain  line,  con- 
necting New  Orleans  with  Milneburg.    This  little  road, 
upon  which  traffic  still  continues,  is  one  of  the  oldest 
in  the  United  States.      New  Orleans,   moreover,  ex- 
tending beyond   her  old  narrow  boundaries,  saw  her 
levees  crowded  with  hundreds  of  vessels  come  to  bear 
away  the  products  of  the  State.    The  streets  of  the  city 
were  no  longer  to  be  dimly  illuminated  by  flickering 
lamps;    for  in    1834,  gas  was  introduced.     Theatres, 
also,  in  the  American  quarter  were  now  built,  and  the 
city  began  to  wear  a  more  festive  air  at  night  than 
ever  before.     Better  illumination  doubtless  had  much 
influence  in  checking  the  increase  of  crime.     Unfor- 
tunately, however,  there  was  practically  no  quarantine 
system,  and   the  city  was  subject  to  the  ravages  of 
yellow  fever  and  even  of  cholera. 

121.  Sugar   Refining. — We  have   seen   that  in 
1796  Etienne  de   Bore*  was  successful  in  the  granu- 
lation of  sugar,  achieving  for  himself  both  fame  and 
fortune.     But   until  the  administration  of  Governor 
Roman,  1831-35,  Louisiana  had  failed  to  discover  the 
proper   method   of   refining   sugar.     Then,   however, 
several  prominent  planters,  among  whom  were  Valcour 
Aime  and  Thomas  Morgan,  determined  to  remove  this 
reproach  from  the  State.     With  large  means  at  their 
command,  they  purchased  the  best  chemicals  and  the 
most  improved  machinery,    and  began  their  experi- 
ments.    Their  success  was   remarkable.      From  the 

Isaac  Johnson  1846-50.  Paul  Hebtrt  1853-56. 

General  Joseph  Walker  1850-53.     R.  C  Wickliffe  1856-60. 


A    PERIOD    OF    DEVELOPMENT  115 

year  1834,  Valcour  Aime  produced  clarified,  stamp, 
and  loaf  sugar  directly  from  the  vegetable  juice  ;  and 
from  the  year  1840,  when  he  first  used  bone-black 
filters,  his  sugar  was  perfect  in  purity,  color  and  cry- 
stallization. On  his  own  plantation  Aime  produced 
340,000  pounds  a  year,  which  when  refined  brought 
him  from  twelve  to  fourteen  cents  a  pound.  With  an 
income  of  $100,000  a  year,  he  lived  on  his  great  estate 
like  a  feudal  baron,  surrounded  by  every  luxury  that 
money  could  procure.  His  lavish  entertainments 
showed  a  royal  hospitality,  while  his  benefactions  to 
churches  and  colleges  made  his  name  famous  through- 
out Louisiana.  His  success  was  typical  of  this  period.  * 

*Cf.  Sketch  of  Valcour  Aime,  by  Alcee  Fortier,  in  New  Orleans 
Sugar  Report,  1896. 


CHAPTER   XVI 

THE    NEW    CODE.       POLITICAL   AGITATION 
* 

122.  The  Civil  Code.— As  early  as  the  year  1804 
an  attempt  was  made  to  improve  the  laws  of  Louisi- 
ana.    Two  lawyers,  James  Brown  and  Moreau-Lislet, 
were  appointed  to  draw  up  a  civil  code.     This  code, 
which  was  modeled  after  the  Roman  law  as  laid  down 
in  the  French  code  or  code  Napoleon,  was  revised  and 
remodeled  in  1827  by  Moreau-Lislet,  Pierre  Derbigny, 
and  Edward  Livingston,  three  of  the  ablest  jurists  that 
haVe  ever  lived  in  Louisiana.      It  continued  in  use  till 
the  year   1870,   when  the  present  revised  code  was 
framed.      Unfortunately,    however,    many  of  the  old 
Spanish  laws,  being  left  unrepealed,  continued  in  force, 
and  as  few  lawyers  were  well  acquainted  with  them, 
there  was  for  a  time  much  confusion  in  the  courts  of 
justice.     The  civil  code,  as  it  exists  in  Louisiana,  is 
found  in  no  other  State  of  the  Union.     It  has  been 
declared  by  competent  judges  to  be  a  model  of  sim- 
plicity; for  it  may  be  easily  understood  by  those  who 
are  destitute  of  legal  training.      For  the  sake  of  uni- 
formity some  attempts  were  formerly  made  to  bring 
the  Louisiana  law  into  accord  with  that  of  the  other 
States;  but  the  people  preferred  to  cling  to  the  old 
code. 

1 23.  The  Common  Law. — It  is  generally  believed 
that  what  is  called  the  common  or  unwritten  law  of 
England  is  not  recognized  in  Louisiana,  but,  strictly 

116 


OF  T 

NIVER-- 


NEW    CODE.       POLITICAL    AGITATION          1 1/ 


speaking,  this  is  a  mistake.  It  is  true  that  no  offence 
in  Louisiana  is  held  to  be  a  crime  because  it  is  so  re- 
garded under  the  common  law;  it  must  have  been 
declared  a  crime  by  statute,  that  is,  by  act  of  the 
General  Assembly,  before  any  one  can  be  punished 
for  committing  it.  Nevertheless  the  Legislature  of 
1805  passed  an  act,  which  declared  that  all  the  crimes, 
offences,  and  misdemeanors  named  therein,  should  be 
taken,  intended,  and  construed  according  to  and  in 
conformity  with  the  laws  of  England;  and  that  the 
forms  of  indictment,  the  methods  of  trial,  the  rules  of 
evidence,  and  all  other  proceedings  in  the  prosecution 
of  the  said  crimes  and  misdemeanors  (except  as  other- 
wise provided  for  in  the  act)  should  be  according  to 
the  said  common  law  of  England.  This  statute  has 
never  been  repealed,  and  its  binding  force  has  several 
times  been  recognized  by  the  Supreme  Court  of  the 
State.  In  general,  therefore,  it  may  be  said  that  the 
criminal  courts  of  Louisiana  at  the  present  time  appeal 
to  the  common  law  for  definitions  of  such  offences  as 
were  declared  to  be  crimes  and  misdemeanors  in  the 
act  of  1805,  as  well  as  for  the  mode  of  prosecution; 
that  is,  the  form  of  indictment,  the  method  of  trial, 
the  rules  of  evidence,  etc.  Thus  far  the  common  law 
is  recognized  in  Louisiana.* 

124.  Political  Parties  in  Louisiana. — In  1828  a 
high  tariff  was  adopted  by  the  United  States  govern- 
ment. Its  object  was  to  protect  American  products 
against  foreign  competition.  The  revenue  from  the 
import  duties  was  to  be  spent  in  building  roads,  canals, 
and  in  other  internal  improvements.  Those  who 

*Cf.  Hennen's  Digest,  d.  357. 


Il8  HISTORY    OF    LOUISIANA 

favored  this  tariff  formed  the  so-called  American 
party,  which  a  few  years  later  came  to  be  called  the 
Whig  party.  Their  opponents,  known  as  the  Demo- 
cratic party,  were  opposed  to  the  granting  of  large 
powers  to  the  national  government,  and  favored  the 
theory  that  internal  improvements  should  be  left  to 
the  state  governments.  In  short  the  Democrats  dis- 
approved of  "protection"  and  wished  to  give  more 
power  to  the  people. 

1 25.  Slavery  Becomes  a  Party  Question. — Until 
the  year  1 843  the  Whig  party  was  strong  in  Louisiana. 
It  held  the  chief  offices,  and  all  the  governor  were  of 
that  political  faith.  Now,  however,  the  power  of  the 
Democrats  began  to  increase  rapidly.  Its  growth 
was  aided  by  a  new  issue,  which  soon  overshadowed 
the  tariff.  This  was  the  extension  of  slavery,  which 
was  violently  opposed  by  the  northern  Whigs  and 
strongly  favored  by  the  southern  Democrats.  At  this 
time  the  admission  of  Texas  as  a  slave  state  was  very 
popular  in  the  south.  While  the  Louisiana  Whigs 
did  not  oppose  this  extension  of  slavery,  they  did  not 
wish  to  see  Texas  a  part  of  the  United  States,  for  fear 
it  would  prove  a  rival  in  the  production  of  sugar,  and 
as  they  were  already  identified  with  the  northern 
Whigs  on  the  subject  of  a  high  tariff,  they  began  to 
lose  popularity  in  their  own  State.*  In  1844  the 
presidential  election  depended  upon  the  electoral  vote 
of  Louisiana.  John  Slidell,  a  prominent  politician, 
succeeded  in  carrying  the  State  for  the  Democratic 
candidate  Polk,  who  was  accordingly  elected  Presi- 
dent. From  this  time  until  the  Civil  War  Louisiana 

*  See  Memoirs  of  Louisiana. 


THE   NEW   CODE.       POLITICAL   AGITATION 

was  under  the  control  of  the  Democrats,  who  ousted, 
the  Whigs  and  held  all  the  offices.*  The  first  Demo- 
cratic governor  was  Alexander  Mouton  (1843-46). 

126.  The  First  Constitution. — During  Mouton's- 
administration  a  new  constitution  was  adopted,  which 
was  the  natural  outcome  of  the  Democratic  wave  that 
was  sweeping  over  the  State.     The   constitution  of 
1812    had   permitted   the   legislature   to   choose    the 
governor  from  the  two  candidates  receiving  the  largest 
number  of  votes.     It  had  required  the  governor  to 
have   a   landed    estate  of   $5,000,    a  senator  one  of 
$1,000,    and   a   representative    one   of    $500.      The 
privilege  of  voting  was  granted  only  to  those  who  had 
previously  paid  a  State  tax.     Moreover,  the  governor 
enjoyed    large    powers    in  the    appointment  of   local 
functionaries;  and  the  State  had   pledged  its  support 
to  a  considerable  number  of   banking  establishments- 
and  railroads.     The  time  had  now  come  when  the 
Democrats  could   maintain  that  this  was  too  aristo- 
cratic a  form   of  government;  it  gave  to  the  richer 
classes  privileges  which  should  be  shared  alike  by  all. 
Easy  communication    between  different  parts  of  the 
State  had  helped  the  spread  of  Democratic  principles, 
and  the  new  party  received  much  support  from  the 
immigrants    crowding  into  the  northern  part  of  the 
State,   who  cared    nothing  for  the   '  *  protection  ' '  of 
sugar  or  other  Whig  principles. 

127.  Second  Constitution. — In  the  new  constitu- 
tion (1845),  we  find  a  very  different  order  of  things. 

*In  the  presidential  campaign  of  1849,  however,  the  Whigs 
managed  to  carry  the  State  for  General  Zachary  Taylor,  who  had 
lived  in  Louisiana. 


120  HISTORY    OF    LOUISIANA 

There  is  no  property  qualification  for  governor,  senator, 
or  representative.  The  candidate  for  governor  receiv- 
ing the  highest  number  of  votes  is  to  be  declared 
elected  without  the  intervention  of  the  legislature. 
There  is  no  restriction  on  the  suffrage;  the  appointive 
power  of  the  governor  is  considerably  curtailed;  and 
the  legislature  is  forbidden  to  pledge  the  faith  of  the 
State  to  foster  new  enterprises.  Most  important  of 
all,  a  superintendent  of  education  is  to  be  appointed 
by  the  governor  to  guard  the  interests  of  the  public 
schools;  thereby  relieving  the  secretary  of  state,  who 
had  previously  joined  this  duty  to  those  already 
belonging  to  his  office.  The  Whigs  now  maintained 
that  the  Democrats  had  gone  too  far;  while  the 
Democrats  declared  that  their  opponents  were  too 
old-fashioned  and  conservative;  and  that  democracy 
could  always  be  trusted  to  govern  wisely. 

128.  Constitution  of  1852. — After  the  constitu- 
tion of  1845  na-d  been  in  force  for  seven  years,  the 
Democrats,  who  had  everything  their  own  way,  deter- 
mined to  frame  another  that  would  stretch  still  further 
the  power  of  the  people.  Accordingly,  in  1852, 
another  was  adopted  in  which  the  principal  changes 
were  that  the  governor  was  deprived  of  nearly  all  the 
appointive  power  left  him  under  the  former  constitu- 
tion. Even  the  justices  of  the  Supreme  Court  were 
now  to  be  elected  by  the  people.  Such  extreme 
democracy,  as  we  shall  see,  has  not  stood  the  test  of 
time,  and  in  our  day,  the  power  of  the  governor  has 
been  increased.  As  the  Constitution  of  1845,  how- 
ever, was  found  to  have  gone  a  little  too  far  in  re- 
stricting the  incorporation  of  new  enterprises  and  the 


THE    NEW    CODE.       POLITICAL   AGITATION          121 

increase  of  the  State  debt,  the  new  constitution 
granted  greater  powers  to  the  legislature  in  these  mat- 
ters, with  certain  provisions  to  avoid  recklessness. 
This  constitution  satisfied  the  people  until  the  Civil 
War  forced  another  upon  them. 

129.  The  "Know  Nothing"  Party.— While 
the  Democrats  were  gaining  strength,  the  Whigs  disap- 
peared from  political  life.  In  Louisiana  many  of 
them  went  over  to  the  "Know  Nothing"  party.* 
This  party,  which  was  in  favor  of  allowing  only  native- 
born  Americans  to  hold  office,  and  which  was  strongly 
opposed  to  the  Roman  Catholics,  held  sway  for  a 
while;  but  a  secret  organization  of  such  a  character 
could  not  succeed  in  the  United  States.  It  opposed 
the  freedom  of  religion  and  the  broad  hospitality  for 
which  America  has  always  been  famous.  Hence  its 
adherents  soon  fell  away.  When  it  disappeared  the 
National  Republican  party  rose  into  prominence  in  the 
north  and  threatened  the  abolition  of  slavery. 

*  So  called  because  when  questioned  as  to  their  objects,  they 
always  answered  ;  "We  know  nothing  in  our  principles  contrary  to 
the  Constitution." 


CHAPTER  XVII 

THE  MEXICAN  WAR  ;  EDUCATION  ;  YELLOW  FEVER 

130.  War     with    Mexico.  —  In    1845    General 
Zachary  Taylor  was  sent  by  the  U.  S.   government  to 
Texas.     Texas  had  just  been  admitted  as  a  State  ;  but 
there  was  a  quarrel  over  the   Mexican  boundary.      In 
1845  Congress  declared  that  the  United  States  were  at 
war  with  Mexico  through  the  hostile  acts  of  the  latter 
country.      General  Taylor  called  upon  Governor  Isaac 
Johnson  of  Louisiana,  to  send  him  Colonel  Persifer  F. 
Smith  and  four  regiments.     This  appeal  caused  great 
excitement  and  enthusiasm  in  the  State.      The  glories 
of  Chalmette  were  recalled,  and,    although  the  cause 
was  far  less  worthy,  the  young  men  were  as  eager  to 
enlist  as  under  Jackson.     The  legislature  of  Louisiana 
voted  $100,000  to  aid  her  sister  State.    Nearly  50,000 
Louisiana  troops  were  sent  to  Texas,  and   in  the  sub- 
sequent war  they  fought  with  .bravery  on  many  a  battle 
field.     The  details  of  the  conflict  must  be  omitted.    It 
was  marked  by  a  series  of  victories  for  the  Americans. 

131.  Value   of   Education. — It   would    be    an 
ungrateful  task  for  the  historian  if,  during  this  period, 
he  were  able  to  record  nought  but  the  material  prog- 
ress  of  the   State.      Unless   a  State  is  advancing  its 
standard  of  morality,  unless  it  is  extending  its  educa- 
tional advantages  ;  its  prosperity,  though  it   be  great 
in    material   matters,   cannot  be  said  to  rest  upon  a 
solid   foundation.     Every   State,    if  it  is  to   survive, 

122 


THE    MEXICAN    WAR;    EDUCATION;    YELLOW    FEVER     123 

owes  to  civilization  a  debt  which  must  be  paid  sooner 
or  later. 

132.  The    Educational    Awaking. — It   is  easy, 
however,  to  show  that  Louisianians  were   now  awak- 
ened   to    the    importance  of  popular  education  as  a 
basis    for    progress    both    in    morals  and  in  religion. 
Until  the  year   1845   popular  education,  as  we  learn 
from  the  messages  of  the  governors,  had  been  almost 
a  failure  in  Louisiana.      It   is  true  that  large  sums  of 
money  had  been  appropriated  to  the  cause  of  educa- 
tion, but  they  had  been  wasted  upon  certain  pretentious 
academies  and  schools,  which  were  required  to  receive 
a  number  of  indigent  scholars,    but  which  were  per- 
mitted to  charge  fees  for  those  that  were  able  to  pay. 
Such  a  system  could  not  be  a  success.     The  poorer 
classes  refused  to  take  advantage  of  schools  in  which 
their  children  were  not  on  an  equality  with  the  sons  of 
richer  parents.     The  Constitution  of    1845,    however, 
changed  all  this.     The  schools  were   made  absolutely 
free,  while  the  following  provisions  helped  to  create  a 
new   epoch    in   the    educational  system  :     i.     There 
shall  be  a   State  superintendent  of  education  and  in 
each  of  the  parishes  a  local  superintendent.      2.     The 
public  schools  of  the  State  shall  be  supported  by  a 
poll  tax,  by  the  sale  of  public  lands,    and  by  a  local 
tax  levied  by  the  police  jurors  of  each  parish. 

1 33.  Superintendent  Dimitry ;  His  Difficulties. — 
The  first  superintendent   of  public  schools  appointed 
was  Alexander  Dimitry,  a  ripe  scholar  and   an  expe- 
rienced teacher,  who  became  the  founder  of  the  public 
school   system    and   whose    memory    Louisiana    still 
reveres.     By  a  study  of  the  reports  he  made  to  the 


124  HISTORY   OF    LOUISIANA 

legislature,  we  are  able  to  appreciate  his  noble  labors 
and  the  obstacles  he  had  to  overcome.  Like  other 
southern  States,  Louisiana  was  an  unfavorable  field 
for  the  spread  of  popular  education.  The  chief  causes 
were  :  (i)  The  large  plantations  separated  the  people 
to  such  an  extent  that  it  was  difficult  for  the  parents 
to  send  their  children  to  the  schools.  (2)  It  was  a 
prevalent  idea  that  education  should  be  conducted  not 
by  the  State,  but  by  the  family.  Hence  the  large 
planters  had  private  schools  in  their  own  homes,  and 
if  the  public  schools  in  their  neighborhood  were  not 
successful,  they  obtained  a  portion  of  the  State  appro- 
priations and  used  it  in  paying  the  salaries  of  their 
private  tutors.  When  the  children  grew  up  they  were 
sent  away  to  northern  colleges  or  to  Europe.  (3)  It 
has  been  claimed  with  much  plausibility  that  the 
presence  of  slavery  in  the  south  impeded  the  progress 
of  public  schools,  by  preventing  the  rise  of  a  middle 
class  of  laborers  from  which  the  northern  schools  have 
always  drawn  large  numbers  of  pupils.  This  was  true 
of  the  country  parishes,  but  not  of  New  Orleans, 
where  all  classes  of  society  were  represented.* 

134.  His  Successors. — In  spite  of  all  these 
obstacles  Dimitry  and  his  successors  met  with  a  large 
measure  of  success.  The  schools  of  New  Orleans, 
especially  increased  rapidly  in  usefulness.  In  1858, 
when  the  educable  population  of  the  State  was  about 

*  Naturally  the  slaves  received  no  instruction.  Indeed  the  agita- 
tion for  the  abolition  of  slavery,  which,  after  1840,  was  rapidly 
spreading  in  the  North,  made  the  South  pass  severe  laws  against  any- 
one teaching  slaves  to  read.  It  was  feared  that  the  slaves  if  they 
were  educated,  would  be  more  likely  to  rise  against  their  masters. 


THE    MEXICAN    WAR;    EDUCATION;    YELLOW    FEVER    125 

60,000,  the  number  of  pupils  in  New  Orleans  was 
20,000,  while  in  the  country  parishes  the  number  rose 
to  23,000.  The  same  year,  a  Normal  School,  the  first 
in  Louisiana,  was  opened  in  New  Orleans. 

135.  The     First     University.       Literature. — 
Eleven  years  before,  the  University  of  Louisiana*  had 
been  founded  with  the  departments  of  medicine,   law, 
natural  science  and  letters.       Its  medical  department 
had  been  in  existence  since  1834.       In  literature  Lou- 
isiana now  began  to  make  important  progress.  Distin- 
guished   writers    in   both  French  and   English    made 
their  appearance  ;  while    the    representatives  of   the 
State  in  Congress  were  conspicuous  for  their  eloquence 
and  statesmanship.f 

136.  Yellow   Fever. — For  three  years  (1853-55) 
of  this  period,  the  yellow  fever  proved  a  more  terrible 
scourge    than    ever    before    in    the    history    of     New 
Orleans.       On  one   fatal  day  in  August,  1853,  there 
was  a  death  every  five  minutes,  and  the  total  number 
for  the  year  was  not  less  than  8,000.      In  the  two  fol- 
lowing years  the  pest  returned,  and  the  mortality  was 
so  great  that  out  of  a  population  of  156,000  the    num- 
ber of  those  that  perished  was  37,000.  :£    The  disease 
spread    to    some  of  the  smaller  towns  of  the  State, 
which  were   almost  ruined  by  its  ravages.       During 


*  After  many  vicissitudes  this  institution  is  now  established  on  a 
firm  basis  as  the  "Tulane  University  of  Louisiana." 

f  The  literary  activity  of  the  time  is  well  shown  in  De  Bow's 
Review,  published  in  New  Orleans,  during  this  period.  Its  pages 
contain  many  interesting  articles  on  the  institutions  and  the  indus- 
trial development  of  the  South. 

|  See  Cable's  History  of  New  Orleans. 


126  HISTORY   OF   LOUISIANA 

such  visitations  business  was  practically  suspended  ; 
but  no  sooner  had  the  progress  of  the  disease  been 
checked  by  the  coming  of  frost  than  both  agriculture 
and  commerce  began  to  show  their  wonted  activity. 
Never  had  Louisiana  been  so  prosperous  as  on  the  eve 
of  the  great  Civil  War. 


CHAPTER  XVIII 

THE  CIVIL  WAR,    1861-1865 

1 37.  The  Strength  of  the  North  and  the  South. — 
In  wealth  and  in  population  the  North  had  been  growing 
more  rapidly  than  the  South.  The  institution  of  slavery, 
upon  which  the  South  believed  her  prosperity  depended, 
was  in  reality  a  check  upon  that  prosperity  ;  for  slave 
labor  was  not  available  for  manufactures  or  for  any 
work  requiring  skill  and  intelligence.      Moreover,    the 
presence  of  slavery  in  the  South  tended  to  prevent  the 
immigration  of  the  working  classes.       Free  labor  did 
not  care  to   come   into  competition  with  slave  labor. 
Hence  in  1860  the  population  of  the  North  had  risen 
to  twenty-three  millions,  of  whom  none  were  slaves  ; 
while  that  of  the  South  was  only  nine    millions,    of 
whom  three  and  a  half  millions  were  slaves.      In  both 
houses  of  Congress  the  South  was  outnumbered.   This 
majority  in  Congress  had  enabled  the   North,    some 
years    before,    to    pass  tariff    laws    which    protected 
Northern     manufacturers,      but    which,      the    South 
believed,  threatened  to  ruin  her  agricultural  classes. 
Much  bitterness  of  feeling  had  been  aroused  in  the  past 
by  this  difference  of  interests. 

1 38.  The  Attitude  of  the  Two  Sections.   Seces- 
sion.— Now    the    National  Republican    party,    which 
came  into  power  with  the  election  of  Lincoln  in  1860, 
was  known  to  be  opposed  to  the  institution  of  slavery, 

and  especially  to  its  extension.      In  accordance  with  a 

127 


128  HISTORY   OF   LOUISIANA 

provision  of  the  federal  constitution,  Congress  had 
passed  a  law  requiring  the  return  of  fugitive  slaves  ; 
but  the  legislatures  of  nearly  all  the  Northern  States 
had  enacted  "personal  liberty  laws,"  the  object  of 
which  was  to  nullify  the  act  of  Congress  and  prevent 
the  return  of  the  slaves.*  In  many  cases,  also, 
Northern  people  had  banded  themselves  together  to 
assist  fugitive  slaves  in  escaping  to  Canada  by  what  was 
called  "The  Underground  Railway."  This  conduct 
naturally  aroused  bitter  feelings  in  the  South,  and 
these  feelings  were  intensified  by  the  famous  raid  led 
by  John  Brown  in  1859  to  liberate  the  slaves  in  Vir- 
ginia. If  such  expeditions  continued,  slave  insurrec- 
tions would  be  the  inevitable  result,  and  the  lives  of 
white  families  living  on  plantations  would  no  longer 
be  safe. 

1 39.  Secession  of  the  State. — Thus  threatened, 
as  she  believed,  in  her  most  vital  interests,  the  South 
thought  the  time  had  come  to  separate  from  the 
North  and  form  a  southern  confederacy.  This  was 
the  right  of  secession,  which,  in  1802,  had  been 
asserted  by  Kentucky,  and  in  1812  had  been  advo- 
cated by  Josiah  Quincy,  of  Massachusetts,  t  (See  pp. 
82  and  97).  The  determination  of  the  new  President, 
however,  was  to  maintain  the  Union  by  force  of  arms 
if  necessary,  and  the  two  sections,  each  with  a  proud 
consciousness  of  rectitude,  plunged  into  a  conflict 
which  proved  one  of  the  most  disastrous  of  all  time. 
Following  the  lead  of  South  Carolina  and  her  sister 

*  Read  Woodrow  Wilson's  Division  &  Reunion,  p.  208. 
fThe  right  of  secession  is  admirably  defended  in  Dr.  J.  L.  M. 
Curry's  The  South. 


THE    CIVIL    WAR,    1861-1865  139 

States,  Louisiana  passed  an  ordinance  of  secession, 
January  26th,  1861.  The  limits  of  this  work  permit 
us  merely  to  outline  those  scenes  of  the  war  which 
belong  to  Louisiana. 

I4O.  Defence  of  New  Orleans. — For  many 
months  after  the  beginning  of  hostilities,  Louisiana 
found  the  war  far  from  her  borders.  The  famous 
Louisiana  artillery,  however,  and  other  troops,  were 
dispatched  to  the  scene  of  conflict  in  Virginia,  and  the 
people  of  the  State  knew  that  they  had  deep  interests 
at  stake  in  every  battle.  Still  the  possession  of  the 
Mississippi  was  too  important  a  matter  to  be  long* 
neglected  by  the  Federal  government.  In  the  spring 
of  1862  two  expeditions  were  on  their  way  to  New 
Orleans,  one  coming  down  the  river  and  one  coming 
up.  New  Orleans  was  hardly  prepared  to  meet  any 
but  a  land  force.  Requisition  after  requisition  had 
been  made  upon  General  Mansfield  S.  Lovell,  who 
was  in  charge  of  the  Gulf  department,  for  arms  and 
men  to  aid  Beauregard  and  other  Confederate  generals 
in  the  Virginia  and  Tennessee  campaigns.  Now  that 
the  danger  was  imminent,  Lovell  found  it  impossible 
to  procure  what  was  necessary  for  the  defence  of  the 
city.  Great  reliance,  however,  was  placed  by  the 
Confederate  government  in  the  forts  Jackson  and  St. 
Philip,  which  defended  the  river  seventy-five  miles 
below  the  city.  Between  them  were  placed  a  number 
of  old  hulks,  bound  together  by  chains,  to  obstruct 
the  channel.  Above  them  there  were  seventeen  armed 
vessels  under  General  J.  R.  Duncan.  It  was  hoped 
that  no  fleet  would  be  able  to  pass  the  forts  and  reach 
New  Orleans,  while  the  batteries  at  Vicksburg  would 


130  HISTORY    OF    LOUISIANA 

prevent    the    descent     of    the    Federal    fleet    from 
above. 

141.  Farragut  Passes  the  Forts. — On  the  iQth 
of  April,  1862,  a  Union  fleet,    consisting  of  powerful 
.gunboats    and    mortar   schooners,    in    all   forty-three 
vessels — anchored  below  the  forts.    After  bombarding 
the  forts  for  several  days,  the  flag-officer,   David  G. 
Farragut,  succeeded  in  breaking  the  chains  that  held 
in  place  the  obstructions,  and  at  two  o'clock  on  the 
morning  of  the  24th,  he  gave  the  signal  to  run  past. 
The  forts  made   every   effort  to  stop  him.      Shot  and 
shell  poured  down  upon  the  advancing  vessels  as  they 
came  abreast,  while  the  river  was  soon  ablaze  with 
fire  rafts.      But  nothing  could  daunt  the  determination 
of  the   Federal  commander.      The  Confederate  fleet 
above  the  forts  was  totally  unable  to   cope  with  the 
force  that   Farragut  led  against  it  and  it  was  soon 
scattered. 

1 42.  Farragut  Captures  the  City. — Leaving  his 
mortar  schooners  to  shell  the  forts,  Farragut  steamed 
up  the  river,  and,  scarcely  lessening  his  speed  as  he 
passed  some  batteries  at   Chalmette,  he  anchored  in 
front  of  New  Orleans.     As  the  river  was  very  high 
the  guns  of  his  vessels  commanded  the  whole  city. 
Seeing  that  resistance  was  useless  and  would  endan- 
ger the   lives  of  thousands  of  women  and  children, 
General  Lovell  retired  with  his  forces,  and  Farragut 
took  possession    until   the    arrival    of   General  B.  F. 
Butler,  who  followed  him  with   15,000  men.     When 
the  Federal  fleet  was  approaching,  the   inhabitants, 
wild  with  excitement,  had  piled  upon  the  levee  thou- 
sands of  bales  of  cotton,  and  had  added  to  the  mass 


THE    CIVIL    WAR,     1861-1865 

hundreds  of  hogsheads  of  sugar  and  molasses.  To  all 
this  merchandise  torches  were  applied  until  the 
heavens  were  black  with  the  smoke  of  the  conflagra- 
tion. There  was  a  grim  determination  to  prevent 
these  valuable  supplies  from  falling  into  the  hands  of 
the  enemy.  May  the  first  General  Butler  took  posses- 
sion of  the  city,  and  continued  in  command  till  the 
following  December.  During  these  few  months,  he 
contrived,  by  his  petty  tyranny  and  by  the  indignities 
he  heaped  upon  the  best  citizens  of  New  Orleans,  to 
gain  for  himself  the  condemnation  of  the  whole  South. 

143.  The  Loss  of  New  Orleans. — It  is  hard  to 
estimate  the  injury  which   the  Confederacy  received 
from  the  loss  of  New  Orleans.     The  city  served  the 
Federals  throughout  the  war  as  a  point  of   departure 
for  their  military  expeditions  in  the  far  South.     It  was- 
the  key  to  open  the  great  river.     A  portion  of  Farra- 
gut's  fleet,  proceeding  up  the  Mississippi,  forced  Baton 
Rouge  to  surrender,  and,  running  the  gauntlet  of  the 
batteries  at  Vicksburg,  joined  the  Federal  fleet  that 
was  descending  the  river.     A  desperate  attempt  was 
made    by   the    Confederates   under  General  John  C. 
Breckinridge  to  recapture  Baton  Rouge,  but  it  failed. 
They  had  to  content  themselves  with   Port  Hudson. 
This  town  they  fortified  and  held  till  the  fall  of  Vicks- 
burg in  1863. 

144.  Southern  Louisiana. — In  southern    Louisi- 
ana General  Richard  Taylor  had  been  placed  in  com- 
mand of  such  Confederate  troops  as  he   was  able  to 
enlist.     The    Creoles    flocked   to   his   standard,    and 
Taylor  contrived  to  send  to  the  aid  of  Vicksburg  and 
other  Confederate  points  large  quantities  of  salt  from 


132  HISTORY    OF    LOUISIANA 

the  Avery  mines,  salt  beef,  sugar,  and  molasses.  Such 
help  was  invaluable.  As  it  was  all  important  that  the 
Trans-Mississippi  country  should  remain  in  the  hands 
of  the  Confederates,  President  Davis  appointed  to 
the  command  of  the  whole  department  a  distinguished 
officer,  Lieut. -General  E.  Kirby  Smith,  with  head- 
quarters at  Shreveport  on  the  Red  River.  General 
Taylor  had  found  it  impossible  to  prevent  an  army  of 
16,000  Federals  under  General  N.  P.  Banks  from 
marching  up  the  Teche  and  taking  possession  of  Alex- 
andria. As  soon,  however,  as  Banks  had  crossed  the 
Mississippi  to  lay  siege  to  Port  Hudson,  Taylor  made 
a  foray  through  southern  Louisiana,  and  completely 
routed  a  Federal  force  stationed  at  Berwick  Bay. 
This  threw  into  his  hands  large  supplies  of  provisions 
and  medicines,  with  a  great  quantity  of  ammunition 
and  small  arms. 

145.  The   Disasters  of  1863. — The    year    1863 
was  a  disastrous  one  for  the  Confederacy.     Vicksburg 
having    been    captured    by  General  Grant,   and  Port 
Hudson  having   surrendered  to   General    Banks,  the 
whole  length  of  the  Mississippi  to  its  mouth  was  under 
Federal   control.      Moreover  General   Lee  had  been 
repulsed  with  heavy  loss  in  his  invasion  of  the  North. 
Such  disasters  could  not  fail  to  cripple  the  South. 

146.  Banks's     Invasion. — The    following    year 
(1864),  the  Federals  determined  upon  an  invasion  of 
the  Trans-Mississippi  department.      General  Banks, 
with  a  force  of    nearly   28,000   men,    marched    into 
western    Louisiana,    a    fleet   of    seventeen    gunboats 
accompanying    his    army  up  the    Red    River.      He 
expected  to  end  the  campaign  with  one  blow.     His 


THE    CIVIL    WAR,     1861-1865  133 

army,  however,  advanced  in  detachments,  and  General 
Taylor,  who  at  first  had  retreated,  made  a  stand  at 
Mansfield,  with  the  intention  of  routing  Banks's 
advanced  forces  before  the  rest  came  up.  The  bat- 
tle ended  in  a  complete  victory  for  the  Confederates 
(April  8).  Banks  retreated  to  Pleasant  Hill,  leaving 
2,500  prisoners  and  250  wagons  in  the  possession  of 
the  victorious  army.  His  whole  force  engaged  was 
about  13,000,  while  Taylor  had  8,800.  On  the  fol- 
lowing day,  at  Pleasant  Hill,  another  engagement 
took  place.  Banks  had  now  brought  up  18,000  men; 
but  Taylor,  by  skillful  management  of  his  troops,  suc- 
seeded  in  driving  the  Federals  off  the  field.  Banks's 
invasion  had  been  a  complete  failure. 

147.  The  Retreat. — On  his  retreat  to  Alexandria, 
General  Banks  swept  the  country  clear  of  its  most 
valuable  property,  and  the  memory  of  his  destructive 
march  still  lingers  in  the  minds  of  north  Louisianians. 
When  the  Federal  fleet,  coming  down  the  Red  River, 
reached  Alexandria,  the  water  was  so   low  that  the 
gunboats  could   not  be  gotten   over  the  falls.      By  a 
splendid   engineering  feat,  however,  a  dam  was  built, 
and   the  vessels  were   successfully  floated   over   the 
obstructions. 

1 48.  The  End  of  the  "War. — The  war  in  Louisi- 
ana now  came  practically  to  a  close.      One  year  later, 
the  surrender  of  General   Lee  in  Virginia  completed 
the  last  act  in  the  great  drama.     Exhausted  in  her 
resources,  the  South  gave  up  the  struggle.     The  war 
had  not  settled  which  side  was  right  in  the  interpreta- 
tion of  the  constitution;  but  it  had,  in  any  case,  given 
a  practical  answer  to  the  great  questions  which  had 


134  HISTORY    OF    LOUISIANA 

so  long  divided  the  two  sections.  When  the  passions 
of  the  conflict  had  cooled,  there  was  the  possibility  of 
a  country  united  by  a  common  sentiment  of  patriotism. 
This  possibility  became  a  reality  within  the  first 
generation  after  the  close  of  the  Civil  War,  when  the 
men  of  the  South  and  the  men  of  the  North  fought 
side  by  side  under  the  stars  and  stripes.* 

149.  The  War  Governors. — From  1860-64  the 
governor  of  Louisiana  was  Thomas  C.  Moore,  a 
worthy  planter,  who  gave  his  best  efforts  for  the  suc- 
cess of  the  southern  cause.  In  1864,  that  portion 
of  the  State  which  was  not  under  Federal  control, 
elected  as  governor,  Henry  W.  Allen,  whose  gallant 
services  in  the  Confederate  army  had  won  for  him  the 
admiration  of  the  people,  as  his  civic  virtues  had  won 
for  him  their  affection.  In  the  district  held  by  the 
Federals  the  choice  fell  upon  Michael  Hahn;  so  that 
there  were  two  governors  in  the  State. 

*The  splendid  spirit  of  a  reunited  country  is  found  in  the  resolu- 
tions introduced  by  General  Stephen  D.  Lee  at  a  reunion  of  the  Con- 
federate Veterans  in  July,  1898  : 

"Whereas,  the  United  States  of  America  are  at  present  engaged 
in  a  war  with  Spain  in  the  interest  of  human  liberty;  and 

"Whereas,  our  comrades  and  our  sons  are  members  of  that 
glorious  army  and  navy,  the  achievements  of  which  are  now  exciting 
the  wonder  of  mankind  ;  therefore  be  it 

"Resolved,  That  we,  the  survivors  of  the  United  Confederate 
Veterans,  pledge  our  loyalty,  and  the  hearty  co-operation  of  the 
organization  in  this  crisis  of  affairs,  to  stand  ready  at  all  times  with 
men  and  money,  irrespective  of  political  affiliations,  to  support  the 
President  of  the  United  States,  as  commander-in-chief  of  our  army 
and  navy,  until  an  honorable  peace  has  been  conquered  from  the 
enemy." 


CHAPTER  XIX 

RECONSTRUCTION 

1 5O.  Views  of  the  State. — When  General   Lee 
surrendered  at  Appomattox  Court  House,    the   South 
believed  that  the  war  was  over.       President    Lincoln 
was  willing  that  the  seceding  States  should  be  taken 
back  into  the  Union,    if  there  were  to  be  no   more 
slavery  and  no  more  secession.      These  conditions  the 
South  was  ready  to  accept.     Already,  in  1864,  a  new 
constitution   had    been  framed  for  the   State  by  the 
Republican  government  in   Louisiana,    which  carried 
out  Lincoln's  views,    and  in   the  following  year  the 
legislature  declared  in  an   address  to  Congress  that 
Louisiana  was  unreserved  in  her  loyalty  to  the  United 
States  government.       It    was    believed    that    nothing 
more  would  be  required  of  the  exhausted  State,  and  that 
she  would  be  allowed  to  take  up  once  more  the  ordi- 
nary tasks  of  life,  and  recuperate,    as  best  she  could, 
from  the  ravages  of  war. 

151.  Views  of  Congress. — But  after  the  death  of 
Lincoln,  Congress,  which  was  overwhelmingly  Repub- 
lican, was  not  satisfied  to  let  the  South  off  so   easily. 
The  slaves,  set  free  by  the  war,    must   be  guaranteed 
protection  in  the   courts  and  at  the   ballot-box.      No- 
seceded    State    was  to  be   readmitted  to   the  Union 
until,  by  ratifying  the  XlVth  amendment  to  the  Fed- 
eral Constitution,  it  had  guaranteed  to  the  freedmen 

135 


136  HISTORY    OF    LOUISIANA 

all  the  rights  of  citizenship  and  had  forbidden  any 
"rebel  "  to  hold  office  until  his  disabilities  had  been 
removed  by  Congress.  President  Johnson,  the  suc- 
cessor of  Lincoln,  did  not  approve  of  this  policy  ;  but 
Congress  justified  its  course  by  declaring  that  a  num- 
ber of  Southern  States  had  passed  statutes  with  regard 
to  labor-contracts  and  vagrancy  that  bore  heavily 
upon  the  newly  emancipated  freedman,  and  that 
would  virtually  result  in  reducing  them  to  a  kind  of 
slavery.  * 

I  52.  Louisiana  Readmitted. — As  all  the  Southern 
States,  except  Tennessee,  were  opposed  to  accepting 
the  XlVth  amendment,  Congress  passed  in  1867  an 
41  iron-clad  "  reconstruction  act.  Under  this  act  Lou- 
isiana saw  her  borders  invaded  by  United  States 
troops  just  as  if  the  war  were  still  in  progress.  The 
commander  of  these  troops  became  the  dictator  of  the 
State,  appointing  and  removing  governors  as  he 
pleased.  Under  this  new  regime,  no  one  was  allowed 
to  vote  who  could  not  prove  that  he  had  always  been 
loyal  to  the  Federal  government.  As  the  whole 
machinery  of  election  was  in  the  hands  of  the  military 
commander,  it  was  an  easy  task  in  1868  to  frame  a 
new  constitution  which  was  in  accord  with  the  XlVth 
amendment,  t  Louisiana,  having  thus  nominally  com- 
plied with  all  the  conditions  laid  down  by  Congress, 
was  readmitted  to  the  Union  (1868). 

153.       Misgovernment. — For    nine  years   longer, 

*  See  Wilson's  Division  &  Reunion,  p.  260. 

f  The  number  of  freedmen  registered  was  84.430,  while  the  number 
of  whites  was  only  45.218.  This  gave  the  control  of  the  State  to  the 
ex-slaves  and  their  political  leaders. 


RECONSTRUCTION 


137 


(1868-1877),  however,  Federal  troops  were  kept  in 
Louisiana  to  see  that  the  reconstruction  laws  were 
strictly  executed.  The  XlVth  amendment  had  been 
adopted,  but  the  Southern  whites  were  exasperated, 
and  were  constantly  endeavoring  to  prevent  their 
former  slaves  from  voting  or  holding  office.  In  Lou- 
isiana, as  in  other  Southern  States,  secret  organiz- 
ations were  formed,  which  either  frightened  the 
negroes  away  from  the  ballot  box,  or,  in  many  cases, 
resorted  to  acts  of  extreme  violence.  In  the  mean- 
time a  number  of  political  adventurers,  (the  so-called 
"carpet-baggers"),  who  came  down  from  the  North 
to  seek  their  fortunes  in  the  rich  State  of  Louisiana, 
proceeded  to  seize  all  the  offices  for  themselves  and 
their  followers.  Secure  of  the  negro  vote  which  was 
given  to  them  largely  because  the  freedmen  believed 
that  all  Republicans  must  be  their  friends,  and  sup- 
ported by  the  Federal  troops,  which  enabled  them  to 
treat  with  contempt  the  efforts  of  tjhe  property-o^ne^s  V 
to  recover  control  of  4he  government,  thVse"politicians 
began  to  rob  and  pillage  the  State  treasury  with 
unblushing  affrontery. 

I  54.  The  Conduct  of  the  People. — The  people 
of  Louisiana  behaved  with  wonderful  moderation. 
They  saw  the  State  debt  increase  in  a  few  years  from 
ten  million  to  fifty  million  dollars ;  they  saw  the  taxes 
rise  in  ten  years  450  per  cent.  ;  they  saw  a  single  ses- 
sion of  the  legislature  cost  $900,000;  they  saw  the 
bonds  of  the  public  school  fund  sold  at  public  auction 
and  the  proceeds  divided  among  the  conspirators.  All 
this,  and  much  more,  they  endured  for  six  years,  until 
the  wealth  of  the  State  seemed  destroyed  as  if  by  a 


138  HISTORY    OF    LOUISIANA 

great  conflagration.*  When,  however,  the  ''Carpet- 
baggers ' '  began  to  quarrel  over  the  spoils,  two  fac- 
tions were  formed,  and  an  opportunity  was  thus  given 
to  the  Democrats  to  get  possession  of  the  government. 
For  the  factions,  by  accusing  each  other  of  robbery 
and  corruption,  gradually  made  clear  to  the  North 
what  evils  Louisiana  was  suffering,  and  finally  gave 
rise  to  a  party  which  favored  the  withdrawal  of  the 
United  States  troops.  The  white  Democrats  now 
formed  themselves  into  leagues  for  the  liberation  of 
the  State.  "The  White  League"  of  New  Orleans 
and  "  The  White  Man's  Party  "  of  the  country  par- 
ishes were  organized  (1874)  by  men  who  owned  nearly 
all  the  property  in  the  State  and  who  were  determined 
to  control  the  taxation  of  that  property. 

1 55.  The  14th  of  September. — The  Republican 
governors,  H.  C.  Warmoth  (1864-1872),  and  Wm.  P. 
Kellogg  (1872-1876),  had  surrounded  themselves  with 
a  body  of  police  called  the  "  Metropolitans."  They 
were  sent  out  to  arrest  Democrats  who  refused 
to  pay  the  exorbitant  taxes  or  who  resisted  in 
any  way  the  orders  of  the  Executive.  On  the  I4th 
of  September  (1874),  there  was  a  sharp  conflict  in 
New  Orleans  between  the  Metropolitans  under  Gen- 
erals Badger  and  Longstreet  and  the  White  League 
under  General  Ogden.  The  object  of  the  League  was 

*The  Northern  view  of  Reconstruction  is  thus  given  by  Alexander 
Johnston  in  his  History  of  the  United  States: — "  The  whites  asserted 
that  the  reconstructed  governments  made  bad  laws  and  stole  the 
public  moneys.  The  reconstructed  governments  asserted  that  the 
whites  resisted  the  laws  by  violence,  and  whipped  or  killed 
negroes  to  prevent  them  from  voting.  Both  assertions  seem  to  have 
been  correct." 


RECONSTRUCTION  139 

to  get  possession  of  some  firearms  that  had  been 
imported  for  their  use,  and  that  the  Republican. gov- 
ernor naturally  wished  to  keep  from  them.  Though  a 
number  of  the  League  were  killed,  the  '  'Metropolitans" 
were  put  to  flight,  and  the  governor  was  forced  to  take 
refuge  in  the  Custom  House.  By  an  appeal  to  the 
Federal  government,  Kellogg  was  restored  to  office, 
but  the  power  of  the  '  'Carpet-baggers"  was  greatly 
weakened.  At  the  next  election  (1876)  the  Demo- 
crats, who  were  now  joined  by  large  numbers  of  freed- 
men,  carried  the  State  by  8,000  majority  for  Francis 
T.  Nicholls,  a  distinguished  general  of  the  Confederate 
army.  The  Republicans  claimed  the  election  of  their 
candidate,  S.  B.  Packard;  but  President  Hayes 
decided  to  withdraw  the  United  States  troops,  and 
thus  left  Packard  without  support.  With  his  fall, 
''carpet-bag"  rule  disappeared  in  Louisiana.  It  was 
time. 


CHAPTER  XX 

NEW    CONSTITUTIONS.       PUBLIC    IMPROVEMENTS 

The  subjects  that  demand  at  least  a  brief  mention 
during  this  period  are  the  new  constitutions,  the  levee 
system,  the  jetties,  agriculture,  maritime  sanitation, 
the  rise  of  manufactures,  and  the  progress  of  public 
education. 

1 56.  Constitution  of  1879. — Under  the  new 
regime  the  reorganization  of  the  State  government 
was  a  matter  of  prime  necessity.  The  constitution 
framed  under  the  "Reconstruction"  rule  must  yield 
to  the  changed  conditions.  Accordingly  in  1879  a  new 
constitution  was  adopted.  Like  the  recent  constitu- 
tions of  many  other  States  it  showed  a  profound  dis- 
trust of  legislative  action.  Nearly  all  special  legislation 
was  forbidden.  The  heavy  debt  of  the  State  was  not 
repudiated;  it  was  simply  placed  on  a  better  financial 
basis;  but  the  General  Assembly  was  given  no  power 
to  contract  any  further  debt  or  liabilities  whatever  on 
behalf  of  the  State.  This  was  a  natural  provision 
after  the  wild  orgies  of  the  "  Reconstruction  "  legis- 
latures; it  represented  the  reaction  from  the  license  of 
that  period.  But  the  rate  of  taxation  was  so  limited 
that  the  public  school  system  and  local  improvements 
were  severely  crippled.  In  other  respects,  also,  the 
new  constitution  was  found  unequal  to  the  needs  of  a 

rapidly  developing  State,  and  the  general  dissatisfac- 

140 


NEW    CONSTITUTIONS.       PUBLIC    IMPROVEMENTS    141 

tion  led  to  frequent  amendments,*  and  finally  to  the 
adoption  of  the  present  constitution  (1898). 

I  57.  The  Levee  System. — The  problem  of  pro- 
tecting Louisiana  against  the  floods  of  the  Mississippi 
has  been  a  perplexing  one  ever  since  the  year  1727, 
when  Governor  Perier  built  a  levee  nine  hundred 
feet  long  in  front  of  the  little  settlement  of  New 
Orleans.  The  great  river,  while  it  has  built  up  the 
prosperity  of  the  State,  has  frequently  threatened  to 
undo  its  good  work  by  inundating  the  richest  lands, 
and  ruining  habitations  and  crops  alike. 

In  the  eighteenth  century  the  plantations  were  pro- 
tected by  the  owners  under  a  threat  of  confiscation  if 
they  failed  to  build  levees.  Since  the  settlement  of 
the  great  western  country,  however,  deforestation  has 
proceeded  so  rapidly  that  the  floods  have  been  more 
disastrous  than  ever  before;  for  the  thick  forests  pre- 
vented the  rains  from  running  so  quickly  into  the  river 
channels.  Hence  it  was  found  necessary  to  supple- 
ment the  labors  of  the  individual  planters  in  levee 
building. 

1 58.  Assistance  of  the  Federal  Government.— 
In  1850  the  Federal  government  came  to  the  assist- 
ance of  the  inhabitants  of  Louisiana  by  donating  eight- 
and-a-half  million  acres  of  so-called  swamp  land  in 
the  State,  the  sale  of  which,  it  was  hoped,  would 
materially  aid  in  the  building  of  levees.  Some  prog- 
ress was  made  in  levee  construction,  but  the  great 

*  Under  the  constitution  of  1879  the  choice  for  governor  was  Louis 
A.  Wiltz  (1880-1881),  who  died  one  year  after  his  inauguration.  He 
was  succeeded  by  the  lieutenant-governor,  S.  D,  McEnery.  In  1884 
McEnery  succeeded  himself,  thus  serving  seven  years  as  governor. 


142  HISTORY    OF    LOUISIANA 

flood  of  1882  came  and  overwhelmed  5,600  square 
miles  of  land  in  Louisiana  alone,  causing  a  loss  that 
amounted  to  fifteen  million  dollars.  It  was  evident 
that  something  must  be  done  and  that  quickly.  The 
Federal  government,  recognizing  the  importance  of 
the  Mississippi  as  a  great  highway  of  commerce,  began 
at  this  period  to  make  large  appropriations  for  the 
improvement  of  the  levees.  This  Federal  aid,  togeth- 
er with  the  exertions  of  the  State  government  during 
the  administrations  of  McEnery  and  of  Nicholls  (second 
term,  1888-1892)  worked  a  revolution.  For  in  1890, 
though  the  flood  rose  higher  than  in  1882,  the  levees 
were  so  much  stronger  that,  while  in  1882  the  breaks 
or  crevasses  numbered  two  hundred  and  eighty-four, 
aggregating  fifty-six  miles  in  width,  those  of  1890 
numbered  only  twenty-three,  aggregating  just  four  and 
one-quarter  miles.*  At  the  present  time,  the  further 
strengthening  of  the  levees  by  the  Federal  and  State 
authorities  is  going  on,  and  as  the  bottom  of  the  river 
shows  no  sign  of  being  elevated  by  the  deposits  of 
silt,  we  may  hope  soon  to  see  the  floods  absolutely 
under  control.  The  levees  are  now  higher  and 
stronger  than  ever  before  in  the  history  of  the  State. 
1  59.  The  Jetties. — One  of  the  greatest  obstacles 
to  the  commercial  prosperity  of  New  Orleans  and  of 
the  State  had  been  the  lack  of  deep  water  at  the 
mouths  of  the  Mississippi.  The  silt  brought  down  by 
the  river  formed  a  shifting  bar,  which  often  prevented 
ships  of  large  burden  from  coming  up  to  the  city. 
Finally,  however,  in  1874,  Captain  James  B.  Eads,  a 
distinguished  engineer,  submitted  to  the  United  States 

*  See  Memoirs  of  Louisiana. 


NEW    CONSTITUTIONS.       PUBLIC    IMPROVEMENTS    143 

government  a  plan  for  removing  the  impediments  to 
navigation.  Jetties  were  to  be  built  in  the  south  pass 
of  the  Delta,  which  would  force  the  strong  current  of 
the  river  to  carry  the  silt  out  to  sea.  The  plan  was 
adopted,  Congress  made  the  needed  appropriations, 
the  jetties  were  completed  in  four  years,  and  a  channel 
was  secured  from  twenty-six  to  thirty  feet  deep.  It 
will  be  remembered  that  in  the  eighteenth  century  a 
similar  plan  had  been  proposed  by  the  French  engineer, 
Pauger.  This  triumph  of  engineering  skill  gave  a 
great  impetus  to  the  commerce  of  Louisiana  and  of 
other  States  lying  along  the  Mississippi.  Though 
more  than  six  million  dollars  have  been  expended  on 
the  work,  and  though  additional  sums  will  be  necessary 
for  the  gradual  extension  of  the  system,  the  benefit  to 
the  Mississippi  valley  will  more  than  compensate  for 
the  outlay.  With  hundreds  of  large  vessels  at  her 
docks,  New  Orleans  has  become  the  great  shipping 
port  for  the  grain  of  the  west. 


CHAPTER  XXI 

THE    PRESENT    CONDITION    OF    LOUISIANA 

1 6O.  Northern  Louisiana. — The  northern  portion 
of  the  State  differs  from  the  southern  in  the  character 
both   of  its  products  and   its  population.     The  chief 
products  are  corn  and  cotton,  though  hay,  oats,  and 
potatoes  are  extensively  raised.      The  lands  are  won- 
derfully fertile.     The  valley  of  the  Red  River  is  com- 
parable to  that  of  the  Nile  in  the  production  of  cotton. 
Throughout  this  portion  of  the  State,  one  meets  with 
small  farms  and  numerous  towns,  in  striking  contrast 
to   the  southern   portion,    where  the  plantations  are 
large    and    the   towns    few.      The    people    consist    of 
settlers  from  the  west  and  from  the  Atlantic  States. 

161.  Southern  Louisiana. — In   Southern  Louisi- 
ana, the  chief   products  are  sugar,  rice,  and  tobacco; 
while  oranges,  figs,  and  other  fruits  grow  in  magical 
abundance.     Though  there  has  been  much  immigra- 
tion from  the  western  States,  a  large  number  of  the 
planters  are  of  the  old  Creole  stock,  who  speak  the 
language  and  preserve  the  traditions  of  the  past.    For- 
merly every  planter  of  sugar  had  his  own   mill;  but 
with  the  reduced  price  of  sugar  it  has  been  found  neces- 
sary to  build  large  central  mills,  to  which  the  smaller 
planters  sell  their  cane,  and  which  by  the  use  of  im- 
proved   machinery,   are  able  to   reduce  the   price  of 
manufacturing  the  sugar.     Louisiana  now  stands  third 

in  the  production  of  cane  sugar,  Cuba  and  Java  being 

144 


THE    PRESENT    CONDITION    OF    LOUISIANA          145 

the  only  countries  that  raise  larger  crops.  The  settlers 
in  western  Louisiana  have  found  the  cultivation  of  rice 
so  cheap  and  profitable  that  they  devote  all  their 
energies  to  the  production  of  that  staple.  More  rice 
is  produced  in  Louisiana  than  in  all  the  other  southern 
States  put  together.* 

1 62.  Yellow  Fever  and  Quarantine. — After  the 
close  of  the  Civil  War,  the  terrible  visitations  of 
yellow  fever  continued  at  intervals.  In  1878,  espe- 
cially, there  was  a  fearful  epidemic,  which  carried  off 
4,000  persons  in  Louisiana.  As  the  presence  of  the 
disease  interfered  seriously  with  the  prosperity  of  the 
State,  measures  were  taken  to  prevent  its  entrance 
into  Louisiana.  In  1882,  through  the  inventive 
genius  of  Dr.  Joseph  Holt,  of  New  Orleans,  a  thorough 
system  of  disinfecting  vessels  was  established  at  the 
mouth  of  the  river.  For  fifteen  years  the  fever  was 
successfully  kept  outside  the  boundaries  of  the  State; 
but  in  1897  it  was  brought  to  New  Orleans  by  persons 
fleeing  by  railway  train  from  Ocean  Springs,  Missis- 
sippi, where  the  disease  had  prevailed  for  some  time 
without  being  recognized.  It  lasted  from  September 
the  eighth  until  the  following  January;  but  the  disease 
was  milder  than  ever  before,  and  generally  yielded 
readily  to  treatment.  The  official  reports  show  that 
there  were  in  Louisiana  1,935  cases,  most  qf  them  in 
New  Orleans,  and  that  the  total  number  of  deaths 
was  only  306.  The  return  of  the  disease  after  an 

*  Statistics.  The  rice  crop  of  Louisiana  in  1879  was  only  20,728,- 
528  pounds;  in  1896  it  was  180,020,000  pounds.  For  the  year  1895 
the  cotton  crop  of  the  State  was  721,591  bales.  The  sugar  crop  for 
the  same  year  was  710,827,438  pounds. 


146  HISTORY   OF    LOUISIANA 

absence  of  so  many  years  was  regarded  as  a  calamity, 
and  the  State  Board  of  Health  has  been  making 
strenuous  efforts  to  prevent  its  importation  either 
by  sea  or  land. 

1 63.  Nicholls'  Second  Term,  1888-1892. — At  the 
expiration  of  Governor  McEnery's  term  the  governor 
elected  was  General   Francis  T.    Nicholls,    who  had 
served  the  people  in  that  capacity  from  1877  to  1880. 
The   Louisiana    Lottery    Company,   which  had   been 
•chartered  twenty-five  years  before,  now  asked  for  a 
renewal    of    its    charter,   promising   to    pay  into  the 
treasury  of  the  State  annually  a  portion  of  its  large 
profits.     Bitter  opposition  to  its  continuance,    how- 
ever,   soon    became    manifest.      It   was   the    burning 
question  of  the  next  gubernatorial  campaign.      Finally 
the  United  States  government  interfered  by  refusing 
the   Lottery  Company  the  use  of  the  mails.     Thus 
crippled  the  company  thought  it  wise  to  retire  from  the 
•contest. 

1 64.  Murphy  J.  Foster,  Governor,  1892-1896. — 
The  anti-lottery  candidate  was  Murphy  J.  Foster,  of  St. 
Mary  Parish.      In  1892  he  was  elected  by  a  handsome 
majority  over  three  opponents.      His  administration 
was  so  successful  that  at  the  end  of  his  term  he  was 
re-elected.     In    1900   he  was   succeeded  by  W.   W. 
Heard,  of  Union  Parish,  who  is  the  present  governor 
of  Louisiana. 

1 65.  The  Present  Constitution. — During  Gover- 
nor Foster's  second  term  the  question  of  framing  a 
new  Constitution  for  the  State  was  widely  discussed, 
.and    the  General   Assembly  voted  to  submit  to  the 
people  the  proposition  of  calling  a  constitutional  con- 


THE    PRESENT    CONDITION    OF    LOUISIANA          147 

vention.  A  majority  of  the  popular  vote  cast  being 
in  favor  of  such  a  convention,  the  delegates  met  in 
New  Orleans  February  8,  1898,  and  continued  in  ses- 
sion until  May  10  of  the  same  year.  The  Constitu- 
tion adopted  by  this  convention  went  into  effect 
without  being  submitted  to  the  people.  It  made 
important  changes  in  the  fundamental  law  with  refer- 
ence to  the  suffrage,  the  judiciary,  and  other  subjects. 
Its  main  provisions  will  be  considered  under  the  head 
of  Civil  Government. 

166.  Manufactures. —  In    the     development    of 
manufactures    the    last    quarter    of    the    century   has 
marked  an   important   era  in  Louisiana.      Before  the 
war  it  was  found  that  slave  labor  was  well  suited  to- 
agriculture,    but   was    ill    adapted    to    manufactures. 
Since  the  abolition  of  slavery,  however,  it  has  become 
clear   that   the    State    in    the    sharp    competition    of 
modern  times  cannot  depend  for  its  prosperity  upon 
agriculture  alone.      Hence   manufactures,  which  were 
formerly  limited  to  the  refining  of  sugar,   have  now 
been    extended    until    they   embrace    many   kinds    of 
industries    and    represent   large    amounts  of    capital. 
While,  therefore,  before  the  war  the  industrial  estab- 
lishments of  the  State  were  hardly  worthy  of  mention, 
they  now  number  nearly  two  thousand  in  New  Orleans 
alone.     The  annual  valuation  of  their  finished  product 
is  about  $48,000,000,  and  the  amount  paid  in  wages 
is  $10,000,000.      Besides  the  rice  and   cotton  mills, 
large    investments    have    been    made    in    cotton-seed 
mills,    breweries,    foundries,    and    tobacco    factories. 
Surely  this  is  a  marvelous  transformation. 

1 67.  Education. — While    Louisiana  is  far  behind 


148  HISTORY   OF    LOUISIANA 

many  of  her  sister  States  in  the  matter  of  public  edu- 
cation, and  her  percentage  of  illiteracy  is  much  too 
high,  still  the  efficiency  of  the  schools  has  increased, 
the  sums  expended  for  their  support  have  been  more 
liberal  every  year,  and  the  number  of  pupils  has 
grown  rapidly.*  The  progress  of  the  public  schools 
has  accompanied  the  development  of  the  higher  edu- 
cation in  the  colleges  and  universities.  Not  only  are 
the  various  colleges  for  colored  youth  well  patronized, 
but  the  Normal  School,  the  Industrial  College  of 
Ruston,  the  Louisiana  State  University,  and  Tulane 
University  have  raised  the  standard  of  education  and 
have  reflected  honor  upon  the  State. 

Such  in    outline   is  the   history  of   Louisiana  from 
the  earliest  historic  times  to  the  present  day. 

*  In  1884  the  number  of  pupils  enrolled  was  81,024  in  a  popula- 
tion of  940,000  ;  in  1899  it  was  196,169  in  a  population  of  1,381,000. 


PART    II 
CIVIL  GOVERNMENT  OF  LOUISIANA 


CHAPTER  XXII 

GOVERNMENT 

1 68.  What  is  Government?* — When  we  speak  of 
the  government  of  a  country,  we  mean  that  agency  by 
which  its  political  affairs  are  controlled.  Under  this 
agency  are  included  not  only  the  constitution  and 
laws  of  the  country  but  also  the  officials  by  whom 
these  are  administered.  It  is  not  unusual,  however, 
to  call  the  body  of  officials  "the  government,"" 
because  in  them  are  embodied  the  powers.  Thus, 
we  say  that  the  government  of  the  United  States  was 
changed  in  1789  when  the  new  constitution  was 
adopted,  or  that  the  government  was  changed  in  1897 
when  a  Democratic  administration  gave  place  to  a 
Republican  one.  The  word  govern  is  derived  from 
the  Latin  gubernare,  which  means  to  steer  or  guide. 
In  modern  times,  however,  as  Professor  Seelye  sug- 
gests, it  means  more  than  simply  to  hold  the  helm;  it 
also  means  to  control  the  ship.  Hence  a  governor  is 
to  be  regarded  as  both  the  helmsman  and  the  captain 
of  the  Ship  of  State. 

*  See  The  American  Government,  Introduction. 

149 


150  CIVIL   GOVERNMENT   OF    LOUISIANA 

1 69.     Kinds  of  Government. — Various   kinds   of 
government  have  been  established  in  the  world,  viz. : 

1.  Monarchies. — Monarchy  is  the  oldest  form  of 
government  in  civilized  society,  and  many  examples 
of  it  are  still  found  in  the  world.      It  takes  two  forms. 
When  the  controlling  power  is  centered  in  one  man, 
who  holds  the  destinies  of  the  people  in  his  hands,  it 
is  called   a   despotism.      Such   is  the  government  of 
Russia    at  the    present    time.     When,    however,    the 
power  is  given  to  a  king  or  queen  who  is  held  in  check 
by  a  written  or  an  unwritten  constitution,  we  have  a 
limited  monarchy.      England  formerly  had  a  govern- 
ment of  this  character,  but  in  modern  times  the  power 
of  the  Crown  has  been  so  much  weakened   that  the 
government  now    resembles    very  closely    that    of    a 
republic. 

2.  Oligarchies. — An  oligarchy  is  a  government  in 
which  the  powers  are  administered  by  a  small  body  of 
men,  generally  the  nobles  of  the  country,  who  have, 
succeeded   in  throwing  off  all  constitutional   checks. 
Such  a  form   of  government  has  often   proved  very 
corrupt,  and  it  is  no  longer  found  in  civilized  coun- 
tries; but  both  in  the  ancient  and  in  the  mediaeval 
worlds  it  was  not  uncommon.      Read,  for  example,  the 
history  of  Venice  and  Genoa  in  the  fourteenth  century. 

3.  Democracies. — The  word  democracy  is  derived 
from  two  Greek  words  that  signify  "to  govern  by  the 
people. ' '     Hence  a  democracy  is  a  form  of  govern- 
ment in  which  the  people,  either  directly  or  indirectly, 
govern  themselves.     A  state    in   which    this  kind  of 
government  exists  is  called  a  republic  (from  the  Latin 
res-publica,  a  commonwealth). 


GOVERNMENT 


15* 


170.  Republics   Ancient   and  Modern. — In  the 
ancient  world  of  Greece  and  Italy  there  were,  at  certain 
periods,  republics  similar  in  many  respects  to  those  of 
our  own  day ;  but  they  all  differed  from  ours  in  one  impor- 
tant particular.     When  political  affairs  were  to  be  con- 
sidered, as  many  of  the  citizens  as  could  conveniently 
come  together  would  assemble  and  transact  the  busi- 
ness by  their  votes.      In  modern  times  we  have  a  dif- 
ferent   method — that   of   representation.      Instead    of 
attending  in  large  bodies,  the  citizens  now  send  their 
representatives,  and  these  conduct  the  affairs  of  the 
state.     This  is  a  far  better  method;  for  a  large  mass 
of  citizens,    it  has    been    found,    cannot    legislate  so 
wisely  as  a  limited  number  of  representatives.      Under 
the  modern  system  it  is  possible  for  a  single  govern- 
ment to  legislate   successfully  for    many  millions  of 
people,  and  as  the  representatives  are  elected  by, the 
people  and  are  held  responsible  for  their  acts,  every 
one  feels  that  he  has  a  share  in  the  government;  and 
there  is  less  danger  of  revolutions  upsetting  the  exist- 
ing order  of  things.      Thus  society  is  able  to  develop 
by  the  gradual  method  of  improvement  which  is  called 
evolution.     The  best  example  of  a  modern  republic  is 
the    United    States    of    America.      As    the    separate 
States,  however,  are  in  many  respects  independent  of 
the  general  government,  the  United  States  has  some- 
times been  aptly  called  a  Republic  of  Republics. 

171.  The  Origin  of  Government. — Government 
may   be    traced    back  to  primitive    society,  where  in 
every  family  the  father  was  the  priest,  the  judge,  and 
the  ruler.      Such  was  the  patriarchal  type  as  seen  in 
the  history  of  Abraham.      As  families  developed  into 


152  CIVIL    GOVERNMENT    OF    LOUISIANA 

clans,  clans  expanded  into  tribes,  and  tribes  swelled 
into  nations,  it  became  necessary  to  have  some 
common  ruler  for  all.  Then  some  strong  leader 
either  was  chosen  by  the  people  themselves  to  rule 
over  them  or  else  assumed  the  leadership.  Naturally, 
as  the  numbers  increased,  the  character  of  the  govern- 
ment became  more  complex,  the  functions  of  priest 
and  judge,  for  instance, being  separated  from  those  of 
leader  or  king,  until  finally  we  reach  the  elaborate 
political  machinery  that  exists  in  a  modern  state.* 
It  is  to  be  remembered,  however,  that  while  society 
has  made  great  progress,  the  important  unit  of  society 
is  still  the  family.  If  the  family  life  of  a  people  is  not 
well  ordered — if  the  parents  are  unwise,  or  if  the  chil- 
dren are  allowed  to  grow  up  in  ignorance  or  unfilial 
disobedience — the  state  will  ultimately  suffer.  It  can- 
not be  expected  that  the  government  of  a  people  will 
be  much  better  than  the  people  that  it  represents. 

1 72.  The  Office  of  Government. — The  office  of 
the  government  in  any  state  or  country  is  to  protect 
the  rights  of  its  citizens  and  to  see  that  they  perform 
their  duties.  To  accomplish  these  ends  legislative 
assemblies  are  provided  to  pass  laws  for  the  welfare 
of  the  people;  officers  to  see  that  the  laws  are  faith- 
fully executed;  and  courts  of  justice  to  settle  all  con- 

*  "Whether  by  original  force  or  by  voluntary  recognition  and  estab- 
lishment, whether  founded  upon  acknowledged  supremacy  of  per- 
sonal prowess  and  sagacity  of  the  leader  selected,  or  whether 
springing  from  patriarchal  authority,  the  public  authority  becomes 
established,  cannot  now  be  known  and  undoubtedly  it  differed  in  dif- 
ferent instances.  But,  however,  originated,  a  public  authority  once 
created,  the  State  becomes  an  established  fact." — Willoughby:  The 
Nature  of  the  State. 


GOVERNMENT  153 

tentions.  Thus  we  find  that  the  Constitution  of  the 
United  States  establishes  a  legislative  department,  an 
executive  department,  and  a  judicial  department. 
These  departments  constitute  the  Federal  Govern- 
ment, and  in  the  Constitution  of  each  State  the  same 
division  of  powers  is  made  for  the  control  of  State 
affairs. 

1 73.  The  Necessity  of  Government. — It  has 
sometimes  been  declared  that  a  government  is  a 
necessary  evil.  This  means  that  if  men  were  so  con- 
stituted as  to  be  able  to  live  together  in  charity  and 
peace,  there  would  be  little  or  no  need  of  a  govern- 
ment; but  as  there  are  many  selfish  and  disorderly 
people  in  the  world — fellows  of  the  baser  sort — some 
form  of  government  is  necessary  to  make  them  respect 
the  rights  of  others.  The  true  theory  is  that  a  good 
government  makes  the  social  state  possible;  that  is,  it 
enables  people  to  live  together  and  to  enjoy  all  the 
advantages  of  an  organized  society  or  state.  If  men 
lived  apart  from  one  another,  there  would  be  no  gov- 
ernment necessary  except  that  of  the  family,  which 
would  be  extremely  simple;  but  there  would  be  no 
social  progress,  and  no  civilization,  In  order  to  make 
progress,  men  must  combine,  and,  when  they  come 
together  in  communities,  their  interests  will  clash, 
and  more  and  more  complex  forms  of  government 
will  be  necessary. 

It  has  been  held  by  some  persons  that  as  all  govern- 
ments are  more  or  less  corrupt,  it  would  be  well  to 
sweep  them  out  of  existence  and  thus  secure  greater 
individual  liberty.  We  call  such  persons  anarchists. 
The  truth  is,  however,  that  whatever  may  be  the 


154  CIVIL    GOVERNMENT    OF    LOUISIANA 

faults  of  our  governments,  we  enjoy  more  liberty 
under  them  than  we  should  enjoy  if  they  were 
destroyed.  If  they  were  all  swept  away,  we  should 
have  not  greater  liberty  but  greater  license;  might 
would  take  the  place  of  right,  and  neither  life,  liberty, 
nor  the  possession  of  property  would  any  longer  be 
secured  to  us. 

74.  Responsibility. — Under  a  despotism  it  may 
be  impossible  for  the  majority  of  a  people  to  have  the 
kind  of  government  that  they  desire.  The  organized 
powers  of  the  despot  may  keep  them  in  subjection  and 
prevent  them  from  exercising  that  supreme  control  or 
sovereignty  which  ultimately  always  belongs  to  the 
people  themselves.  The  same  is  true  of  other  forms 
of  government.  Under  an  oligarchy,  the  minority  get 
control  of  affairs  and  often  hold  it  by  means  of  well 
disciplined  and  organized  armies.  In  a  republic, 
however,  like  our  own,  there  seems  to  be  no  excuse 
for  the  majority  of  the  people  if  they  do  not  obtain 
the  kind  of  government  they  wish.*  All  the  laws  are 
made  by  representatives,  who  are  chosen  directly  or 
indirectly  by  the  people  themselves,  and  if  the  govern- 
ment is  bad,  the  people  have  only  themselves  to 
blame.  Hence  in  a  republic  greater  responsibility 
rests  upon  the  citizens  than  under  any  other  form  of 
government,  to  make  their  government  the  best  that 
it  is  possible  to  obtain.  In  order  to  accomplish  this, 
every  citizen  should  see  to  it  that  he  enjoys  all  the 
rights,  political  and  civil,  which  are  granted  to  him  by 
the  government,  and,  at  the  same  time,  he  should 

*The  majority  referred  to  here  is  the  majority  of  the  voting  popu- 
lation. 


GOVERNMENT  155 

strive  to  perform  in  the  worthiest  manner  all  the  duties 
laid  upon  him.  He  should  endeavor  to  have  the  best 
laws  enacted  and  should  demand  that  they  be  properly 
executed. 

175.  Rule  of  the  Majority. — Of  course  it  is 
understood  that  in  a  republic  the  will  of  the  majority 
should  always  prevail.  While  means  have  been  some- 
times taken  to  defeat  this  rule,  the  wisdom  of  the 
principle  is  almost  universally  recognized.  Hence, 
though  the  views  of  a  citizen  may  be  wise,  he  will 
often  find  himself  on  the  losing  side.  He  may  find 
himself  living  under  a  government  that  is  very  different 
from  the  one  he  would  have  chosen.  What  is  his 
•duty  in  such  a  case?  If  he  decides  to  retain  his  citi- 
zenship in  the  State,  he  should  submit  in  all  cheer- 
fulness to  the  existing  laws,  and  strive,  by  free 
discussion,  to  win  adherents  to  his  side.  Hence  the 
necessity  that  all  citizens  should  be  well  grounded 
in  the  principles  of  their  government,  and  that  they 
should  study  the  leading  questions  of  the  day. 
'  'When, ' '  says  Mr.  Nordhoff,  *  '  'the  right  side  is  in  the 
minority,  it  is  of  great  importance  that  its  adherents 
shall  be  able  to  give  pertinent  and  convincing  reasons 
for  their  course;  for  thus  only  can  a  minority  hope  to 
become  a  majority."  The  evolution  of  government 
requires  that  progress  should  be  effected  by  argument, 
not  by  force,  t 

*  In  Politics  for  Young  Americans. 

f  See  Dr.  B.  A.  Hinsdole's  American   Government,  Introduction. 
for  a  fuller  account  of  the  topics  treated  in  this  chapter. 


CHAPTER  XXIII 

CONSTITUTIONS 

I  76.  Object  of  the  Work. — The  object  of  Part 
II.  of  this  book  is  to  explain  the  main  features  of  the 
Government  of  Louisiana  in  the  simplest  manner 
possible,  that  every  young  citizen  may  learn  what 
rights  he  may  enjoy  and  what  duties  he  will  be  called 
upon  to  perform.  We  shall  discuss  the  provisions  of 
the  present  Constitution,  as  well  as  the  principal  laws 
now  in  force  that  have  been  passed  by  the  General 
Assembly.  To  explain  all  these  fully,  it  will  be  neces- 
sary also  to  discuss  the  Constitution  of  the  United 
States  and  its  relation  to  the  Constitution  of  the 
State;  but  this  subject  will  be  discussed  with  greater 
fullness  in  Part  III.  Within  the  State  itself,  how- 
ever, lie  most  of  the  rights  and  duties  of  the  citizen, 
and  when  these  are  once  known,  it  should  not  be  a 
difficult  task  to  determine  the  relation  that  they  hold 
to  rights  and  duties  under  the  Federal  Government. 
Hence,  though  we  recognize  that  Professor  Bryce  is 
right  in  saying  that  every  citizen  of  this  country,  since 
he  owes  allegiance  both  to  his  State  and  to  the 
Federal  Government,  has  two  loyalties  and  two 
patriotisms,  we  are  going  to  concern  ourselves  in 
Part  II.  almost  entirely  with  his  allegiance  to  the 
State. 

1 77.     The   State   Constitution. — A  Territory  ob- 
tains a  Constitution  when  it  becomes  a  State.      Con- 

156 


CONSTITUTIONS 


I57 


gress  extends  the  privilege  of  Statehood  to  Territories 
with  no  fixed  rule  as  to  the  number  or  character  of 
the  population.  The  question  of  admission  or  non- 
admission  may  rest  on  political  grounds.  Hence  many 
of  the  Territories,  as  for  instance  the  Territory  of 
Orleans,  have  been  compelled  to  knock  more  than 
once  at  "the  doors  of  the  Union."  When  it  thinks 
proper,  therefore,  Congress  passes  an  Enabling  Act,* 
authorizing  the  Territory  to  frame  a  Constitution  and 
submit  it  to  Congress.  If  it  contains  nothing  in  con- 
flict with  the  Federal  Constitution  and  is  otherwise 
satisfactory  to  the  majority  in  Congress,  the  Territory 
is  admitted.  The  new  State,  however,  may  change 
its  constitution  or  frame  a  new  one  without  consult- 
ing Congress,  provided  only  that  no  provision  of  the 
Federal  Constitution  is  violated.  Those  who  have 
read  the  historical  sketch  in  this  volume  will  remember 
that  the  Territory  of  Orleans  was  admitted  as  the 
State  of  Louisiana  in  the  year  1812.  Since  that  date 
public  sentiment,  has  undergone  many  changes,  and, 
as  a  result,  the  State  has  framed  no  fewer  than  six 
different  constitutions.  The  last  was  that  of  1898, 
under  which  the  people  of  the  State  are  now  living, 
and  which,  therefore,  is  the  fundamental  law  of  the 
State. 

1 78.  New  Constitutions. — Of  course  it  is  not 
wise  for  a  State  to  change  its  constitution  without 
serious  reasons;  but  it  would  also  be  very  unwise  for 
the  citizens  to  have  to  live  under  a  constitution  which 
did  not  meet  the  approval  of  the  majority  of  the 
voters.  Such  a  condition  of  affairs  would  breed 

*This  act,  however,  is  often  omitted. 


158  CIVIL    GOVERNMENT    OF    LOUISIANA 

discontent  and  dissatisfaction  .that  would,  in  turn, 
interfere  with  the  prosperity  of  the  people.  The  con- 
stitution of  Louisiana  has  no  article  concerning  a  new 
instrument  of  government;  that  is,  it  has  no  provision 
for  its  own  destruction.  Nevertheless  the  General 
Assembly  may,  by  a  simple  majority  of  its  members 
and  the  approval  of  the  governor,  or  by  a  two-thirds 
vote  in  case  of  his  disapproval,  order  that  a  conven- 
tion shall  assemble  and  frame  a  new  constitution  for 
the  State.  The  delegates  to  such  a  convention  are 
elected  by  the  people,  and,  when  they  have  drawn  up 
a  constitution,  it  is  often  submitted  to  the  people  for 
their  approval.  If  the  majority  vote  for  its  adoption, 
it  takes  the  place  of  the  old  constitution.  In  the 
South,  of  late  years,  there  has  been  a  strong  tendency 
to  accept  the  constitution  as  framed  by  the  conven- 
tion without  submitting  it  to  the  people.  In  Mis- 
sissippi, South  Carolina,  and  Louisiana  the  present 
constitutions  went  into  effect  without  the  direct  ap- 
proval of  the  people.  This  is  a  return  to  the  method 
by  which  the  earliest  constitutions  of  the  States  were 
generally  adopted. 

1 79.  Amendments. — In  case  the  constitution  of 
a  Sjate  requires  only  minor  changes,  it  may  be 
amended.  While  every  constitution  provides  for 
amendments,  it  is  regarded  as  desirable  that  the 
inhabitants  of  a  State  should  not  modify  their  form 
of  government  except  for  good  reasons.  Hence  it  is 
made  somewhat  difficult  to  adopt  amendments.  In 
Louisiana,  any  bill  may  become  a  law  if  it  receives  a 
majority  vote  of  the  General  Assembly  and  is  not 
vetoed  by  the  governor;  but  when  an  amendment  to 


CONSTITUTIONS  159 

the  constitution  is  proposed,  it  must  receive  a  two- 
thirds  vote  of  all  the  members  elected  in  each  House 
before  it  can  be  submitted  to  the  people,  though  the 
governor's  approval  is  not  necessary.  Then  at  the 
next  election  it  must  obtain  the  approval  of  the 
majority  of  those  voting  on  the  amendment  before  it 
becomes  a  part  of  the  constitution.  The  result  of 
the  election  is  made  known  by  the  proclamation  of 
the  governor. 

1 8O.  Office  of  the  Constitution. — The  Constitu- 
tion of  the  State  is  its  fundamental  law.  It  creates 
the  various  departments  of  the  government,  and  pre- 
scribes the  duties  of  each.  If  any  laws  are  passed  by 
the  General  Assembly  that  seem  to  conflict  with  the 
constitution,  they  may  be  tested  by  bringing  some  case 
involving  the  law  before  the  courts,  and  if  the  law  is 
•declared  unconstitutional,  it  becomes  null  and  void; 
that  is,  it  carinot  be  executed. 

The  olden  constitutions  in  Louisiana  were  much 
briefer  than  the  present  one,  which  contains  more 
than  40,000  words,  amd  has  a  multitude  of  articles, 
making  provision  for  both  the  local  and  the  general 
government  of  the  State.  The  design  in  making  a 
constitution  so  elaborate  an  instrument  is  to  cover  a 
large  number  of  points  on  which  laws  might  be 
passed,  and  thus  give  very  little  scope  to  the  legis- 
lature. As  the  constitution  is  not  easily  changed,  the 
government  of  the  State  is  thus  rendered  more  stable.* 

*See  Hinsdale's  American  Government,  Introduction. 


CHAPTER  XXIV 

LOCAL    GOVERNMENT 

Before  taking  up  the  main  divisions  of  the  State 
government — the  legislative,  the  executive,  and  the 
judicial — it  will  be  well  to  examine  the  manner  in 
which  the  local  government  is  conducted. 

181.  The      Parish     Government.  —  For      local 
administration  the  State  of  Louisiana  is  divided  into 
fifty-nine  parishes,   corresponding  to  the  counties  of 
other  States.     These   parishes  are  corporate  bodies, 
which  can  own  property  and  sue  or  be  sued  in  the 
courts.      They  are  all  created  by  acts  of  the  Legis- 
lature.     New  parishes  may  be  formed  from  the  older 
ones,  provided  that  no  parish  thus  made  shall  contain 
less   than  625  square   miles  of   area  or  fewer   than 
7,000  inhabitants;  and  provided,  also,  that  no  parish 
boundaries    shall    be    changed    unless    the    proposed 
change   is  approved   by  two-thirds  of   the  voters   in 
the  parish  or  parishes  affected  at  an  election  held  for 
the   purpose.      Furthermore,   if  one  parish  wishes  to 
be  merged  into  another,  it  must  obtain  the  consent  of 
two-thirds  of  its  own  voters  as  well  as  the  consent  of 
a  majority  of  the  voters  in  the  other  parish. 

182.  Wards. — The  ward  is  the  smallest  political 
unit  of  the  parish.      When  a  parish  is  created  by  act 
of   the  General  Assembly,  the  same  act  determines 
the  number  of  wards,  though  the  boundaries  are  laid 
out  by  the  police  jury.      If  it  is  desired  to  create  a 

160 


LOCAL   GOVERNMENT  l6l 

new  ward    from    an    old    one,    a    special    act  of    the 
General  Assembly  is  necessary. 

183.  Police    Juries. — The    inhabitants  of    each 
parish    are    allowed    to    manage    their    local    affairs 
through   a  representative    body  called  a  police   jury. 
The  members  of  this  body  were  formerly  appointed  by 
the  governor,  but  since   1896  they  have  been  elected 
by  the  voters  of   the  different  wards.      (The  parish  of 
Orleans    is    under    the    government    of    the    City    of 
New  Orleans,  and  will  be  considered  separately.) 

184.  Powers    and   Duties  of   Police    Jurors.— 
These    powers    and    duties,  which    have    been  deter- 
mined   by  various    acts    of     the    legislature,    are   so 
numerous  that  only  the   principal  ones  can  be  men- 
tioned here: 

(i),  Police  jurors  fix  the  dates  of  their  regular  meet- 
ings and  of  such  other  meetings  as  they  may  deem 
necessary,  and  make  all  necessary  regulations  for  con- 
ducting business  at  such  meetings.  (2).  They  attend 
to  the  making  and  repairing  of  roads,  bridges,  levees, 
etc.,  and  levy  a  limited  tax  for  the  same.  (3).  They 
regulate  houses  of  public  entertainment,  and  impose  a 
license  charge  on  peddlers,  keepers  of  barrooms,  etc. 
(4).  They  lay  such  taxes  (within  the  limits  fixed  by 
the  Constitution)  as  they  deem  necessary  for  the 
expenses  of  the  parish,  and  they  appoint  a  treasurer 
to  keep  the  parish  funds.  (5).  They  provide  for  the 
support  of  the  parish  paupers.  (6).  They  publish  an 
estimate  of  the  expenditures  of  the  parish,  and  every 
year  they  send  to  the  State  Auditor  a  complete  state- 
ment of  the  financial  condition  of  the  parish,  with  the 
amount  of  its  debt,  the  rate  of  taxation,  etc. 


1 62  CIVIL   GOVERNMENT    OF    LOUISIANA 

185.  Qualifications,    etc.,    of    Police   Jurors. — 
The   members   of  a    police  jury  must  be  twenty-one 
years  of  age  ;  they  must  have  been  citizens   of  the 
State  for  five  years  and  actual  residents  of  the  election 
district  for  two  years   preceding  their    election.      In 
addition,  they  must   be  able  to  read  and  write,  and 
must    possess    in  their   own  right,    or    through  their 
wives,   property  worth  $250.       They  are  elected  for 
four  years — one  from  each  ward  of  the  parish.    Every 
ward,  however,  is  entitled  to  an   additional  juror  for 
each  5,000  inhabitants,  and  yet  another  for  each  addi- 
tional 5,000  or  part  thereof  in  excess  of  2,500.   Police 
jurors  receive  a  compensation  of  $2   a  day  for  each 
day  that  they  are  actually  employed  in  the  service  of 
the  parish. 

186.  Other  Parish  Officers. — Each    parish   has, 
also,  justices  of  the  peace,  constables,  a  sheriff,  a  cor- 
oner, a  board  of  school  directors,  and  a  superintendent 
of  public  schools.      All  these  have  a  share  in  the  local 
government.     The  justices  of  the  peace,  as  their  name 
indicates,  aid  the  police  juries  in  keeping  the  peace  of 
the  parish,  and  the  constables  are  the  special  officers 
of  their  courts.     The  special   functions,    however,    of 
the  justices  of  the  peace,   the   constables,   the  sheriff, 
and  the  coroner  will  be  treated  below  under  Parish 
Courts.     As  to  the  school  officers,   they  will  be  more 
conveniently  considered  under  the  head  of  Education. 

1 87.  The  Parish  Seat. — In  each  parish  there  is  a 
special  town  where  the  public  business  of  the  parish  is 
transacted.     This  is  called  the  parish  seat.     Here  we 
find  the  courthouse,  the  jail,   and  other  public  build- 
ings.    As  it  is  centrally  located,    the  parish  seat  fre- 


LOCAL    GOVERNMENT  163 

quently  forms  the  nucleus  of  a  prosperous  settlement, 
where  the  inhabitants  of  the  whole  parish  may  gather 
for  purposes  of  trade,  or  to  listen  to  public  speeches 
in  political  campaigns. 

1 88.  Limitations  of  Local  Government. — From 
the  description  just  given  of  parish  government,  it 
will  be  seen  that  each  parish  enjoys  considerable  lib- 
erty in  the  management  of  its  own  affairs.  This  is  a 
wise  provision,  for  those  who  live  in  a  small  district 
know  better  than  the  high  officials  of  the  State  what 
they  need,  and  the  responsibility  thrown  upon  them 
helps  to  train  them  in  political  matters.  Still,  it  is  to 
be  remembered  that  the  parish  government  is  created 
by  the  Constitution  and  the  laws  of  the  State,  and  is, 
therefore,  strictly  subordinate  to  them. 


CHAPTER  XXV 

EDUCATION  I  PUBLIC  SCHOOLS 

189.  Importance  of  Public  Education. — Within 
the  last  twenty  years  the  State  of  Louisiana  has  appre- 
ciated more  than  ever  before  the  necessity  of  estab- 
lishing and  keeping  up  a  good  system  of  public  educa- 
tion. Only  through  the  public  schools  can  the  mass 
of  the  people  be  prepared  for  an  intelligent  exercise  of 
their  duties  as  citizens.  Hence  it  has  been  wisely  said 
that  the  education  of  its  young  citizens  is  a  debt  that 
every  State  owes  to  posterity.  Moreover,  it  is  now 
generally  admitted  that  public  education  strongly 
tends  to  diminish  crime  in  a  State,  thereby  aiding  the 
progress  of  the  citizens  towards  a  higher  plane  of  civ- 
ilization. The  experience  of  England  strikingly  illus- 
trates this  fact.  That  country,  with  its  numerous 
private  and  its  richly  endowed  church  schools,  thought 
it  unnecessary  until  the  year  1870  to  establish  a  sys- 
tem of  public  free  schools.  The  influence  of  the  new 
system  has  been  remarkable,  ' '  Since  the  act  of 
1870,"  says  Sir  John  Lubbock,  "the  number  of  chil- 
dren in  English  schools  has  increased  from  1,500,000 
to  5,000,000,  and  the  number  of  persons  in  prison  has 
fallen  from  12,000  to  5,000.  The  yearly  average  of 
persons  sentenced  for  the  worst  crimes  has  declined 
from  3,000  to  800,  while  juvenile  offenders  have  fallen 
from  14,000  to  5,000.  These  figures  are  a  confirma- 
tion of  Victor  Hugo's  saying  that  '  He  who  opens  a 

164 


EDUCATION  :  PUBLIC  SCHOOLS         165 

school  closes  a  prison.''  Not  only  does  ignorance 
often  result  in  crime,  but  it  also  takes  away  a  man's 
independence.  The  citizen  that  is  totally  uneducated 
is  like  a  blind  man,  for  he  may  stumble  at  any  step. 
As  he  is  dependent  upon  others  for  guidance,  he 
thereby  loses  much  of  his  liberty. 

190.  Compulsory   Education. — In   some    States 
there  is  a  law  compelling  parents  to   send  their  chil- 
dren  between  certain   ages  (if  they  are  not  already 
attending  private  schools)  to  the  public  schools.    Such 
a  law  is  so  difficult  to  enforce  that  it  has  often  become 
a  dead  letter,  but  the   existence  of  the  law  shows  the 
strong  feeling  that  many  law-makers  have  in  regard  to 
the  necessity  of  public  education.      In  Louisiana  no 
such  law  has  been  passed.    Property  owners  and  male 
adults  are  taxed  for  the  support  of  the  public  schools, 
but  everybody  may  take  advantage  of  them  or  not   as 
he  pleases. 

191.  The  State  Organization. — In  Part  I.  of  this 
volume  a  brief  history  was  given  of  the  rise  of   public 
schools  in  Louisiana.      In  this   part,    therefore,    only 
the  present  organization   need   be    considered.     The 
public  schools  of  the  State  are  under  the  control  of  a 
Superintendent,  elected  for  four  years  by  the  people, 
and  of  a  Board  of  Education.      This  Board  consists  of 
the  Governor,  who  is  ex-officio  president,  the  Super- 
intendent,   the    Attorney  General,    and    six    citizens 
appointed  by  the  Governor,  one  from  each  Congres- 
sional district.     The  schools  for  the  white  and  colored 
races  are  separately  established. 

1 92.  Powers  and  Duties  of  the  State  Board.— 
(i.)     This  board  is  authorized  to  provide  by-laws  and 


166  CIVIL   GOVERNMENT    OF    LOUISIANA 

regulations  for  all  the  public  schools  of  the  State.  (2.) 
It  chooses  for  four  years  the  text-books  to  be  used 
throughout  the  State  in  the  schools.  (3.)  In  every 
parish  except  Orleans,  which  is  subject  to  special  reg- 
ulations because  it  coincides  with  the  City  of  New 
Orleans,  the  State  Board  appoints  a  board  of  school 
directors,  consisting  of  not  less  than  five  nor  more 
than  nine  citizens.  (4.)  Lastly  the  board  acts  as  a  final 
court  to  settle  any  disputes  that  may  arise  in  the 
school  affairs  of  the  parishes. 

1 93.  The  Parish  Board. — This  body,  as  its  name 
indicates,  has  the  care  of  all  the  schools  in  its  parish. 
It  appoints  from  its  own  number  a  president  to  pre- 
side at  its  meetings,  and  it  must  elect  a  parish  Super- 
intendent, who  is  ex-officio  secretary  of  the  board,  and 
who    makes   reports   of    all    matters    concerning    the 
schools  to  the  State  Superintendent.       To  the  parish 
board  is  also  entrusted  the  task  of  dividing  the  parish 
into  school  districts,  in  making  which  the  convenience 
of  the  people  is  consulted.     These  districts  sometimes 
correspond  with  the  boundaries  of  the  police  wards, 
but   they  may   be  made   without   reference  to  such 
boundaries.     A  school  district  may  even  include  parts 
of  two  parishes.     Lastly,   the  parish  board  receives, 
and  apportions  to  each  district,    the  school   fund  in 
proportion  to  the  number  of  persons  between  the  ages 
of  six  and  eighteen  (the  school  age);  and  determines 
the  number  of  schools  to  be  opened,   and  their  loca- 
tion, as  well  as  the  number  of  teachers,  their  salaries, 
etc. 

1 94.  Examination  and  Appointment  of  Teach- 
ers.— The  parish  superintendent,   with  the  assistance 


EDUCATION  :  PUBLIC  SCHOOLS         167 

of  two  competent  persons  appointed  by  the  board, 
holds  examinations  for  all  persons  seeking  positions  as 
teachers  in  the  parish,  and  issues  certificates  to  the 
successful  applicants.  Graduates  of  the  State  Normal 
School,  however,  are  not  required  to  take  an  exami- 
nation. All  teachers  who  obtain  positions  must  be 
appointed  by  a  committee,  composed  of  the  president 
of  the  board,  the  parish  superintendent,  and  a  mem- 
ber selected  by  the  board. 

1 95.  The  State  Superintendent. — This  officer  is 
required  to  make  a  report  every  two  years  to  the  Gen- 
eral Assembly,  containing  the  separate  reports  of  the 
parish  superintendents  and  a  summary  of  the  amounts 
collected  and  spent  for  the  public  schools  of  the  State, 
together  with  suggestions  for  the  improvement  of  the 
whole  system.      As  the  executive  officer  of  the  board, 
his  duty  is  to  see  that  the  school  system  is   properly 
carried  into  effect.*     His  salary  is  $2,000  a  year. 

1 96.  Language. — The  Constitution  provides  that 
the  general   exercises  of  the   schools  shall  be  in  the 
English  language,   but  that   the   elementary  branches 
'may  be  taught  in  French  in  those  parishes  where  the 
French  language  predominates.      Most  of  the  French- 
speaking  parents,  however,  prefer  that  their  children 
should  study  text-books  written  in   English,  and   thus 
acquire  that  language. 

1 97.  The  Schools  of  New  Orleans. — The  schools 
of  New  Orleans  are  managed  in  pretty  much  the  same 
manner  as  the  other  schools  of  the  State.    The  school 

*The  State  Superintendent  of  Education  is  ex-officio  a  member  of 
the  boards  of  all  institutions  of  learning  that  are  under  the  control  of 
the  State. 


l68  CIVIL    GOVERNMENT    OF    LOUISIANA 

board,  however,  is  chosen  in  a  peculiar  manner.  It 
is  composed  of  twenty  members,  twelve  of  whom  are 
elected  by  the  City  Council,  while  the  remaining 
eight  are  appointed  by  the  Governor,  with  the 
approval  of  the  State  board.  The  members  of  the 
city  board  hold  office  for  four  years,  but  in  order  that 
the  policy  of  the  board  may  not  run  the  risk  of  being 
changed  every  four  years,  it  is  provided  that  five  of 
the  twenty  must  be  appointed  and  elected  annually. 
Thus  there  is  never  a  wholly  new  set  of  members. 
(Compare  the  terms  of  the  U.  S.  Senators  in  the  Fed- 
eral Constitution,  Art.  i,  sect.  3.)  The  board  is 
authorized  to  appoint  for  "  the  constant  supervision 
and  periodical  examination  of  the  schools  ' '  an  expe- 
rienced educator  to  be  known  as  Superintendent.  This 
important  officer  holds  examinations  for  teachers, 
makes  reports  both  to  the  city  and  State  boards,  and 
supervises  the  whole  system  of  city  schools.  His  sal- 
ary is  $2,500  a  year. 

1 98.     Summary  of  Public  School  Organization  : 

A.  State  Board,  composed  partly  of  ex-officio  mem- 
bers and  partly  of  members   appointed  by  the  Gov- 
ernor. 

B.  State  Superintendent,    elected   by   the    people, 
member  of  the  Board,  and  its  executive  officer. 

a.  Parish  Boards,  appointed  by  the  State  Board. 

(i.)  Parish  Superintendents,  elected  by  Par- 
ish Boards. 

b.  New  Orleans  or  City  Board,  partly  elected  by 

the  Council,  and  partly  appointed  by  Gov- 
ernor, (i.)  City  Superintendent,  appointed 
by  the  City  Board. 


EDUCATION  :    pfUBLIC    SCHOOLS  169 

199.  Funds  for  Public  Schools. — The  public 
schools  are  supported  from  the  following  sources  of 
revenue: 

(i.)  The  proceeds  of  a  poll  tax.  This  is  a  tax  of 
one  dollar  per  head  (poll),  levied  upon  every  male 
resident  of  the  State  between  the  ages  of  twenty-one 
and  sixty  years.  The  proceeds  are  entirely  devoted 
to  the  support  of  public  schools,  but  they  are  not  dis- 
tributed like  the  proceeds  of  other  taxes;  each  parish 
receives  only  as  much  as  it  has  been  able  to  collect. 
Under  the  Constitution  of  1879  all  male  adults  were 
required  to  pay  this  tax;  but,  as  a  general  rule,  it  was 
collected  only  from  those  whose  names  were  on  the 
regular  tax  lists  or  who  took  out  licenses.  Hence  the 
sums  collected  were  much  smaller  than  they  should 
have  been.  The  present  Constitution,  however, 
requires  that  after  the  State  election  of  1900,  no  per- 
son under  sixty  years  of  age  who  has  not  paid  his  poll 
tax  for  two  years,  shall  be  allowed  to  vote.  This 
provision  may  be  repealed  or  modified  by  the  General 
Assembly  elected  in  1908. 

(2.)  Not  less  than  one  and  one-quarter  mills  of  the 
six  mills  tax  levied  and  collected  by  the  State.  This 
is  the  largest  source  of  revenue. 

(3.)  The  proceeds  of  the  sales  of  all  lands  or  other 
property  donated  to  the  State  for  school  purposes. 

(4.)  The  proceeds  of  all  other  property,  except 
unimproved  lands,  donated  to  the  State  and  not  desig- 
nated for  other  purposes;  and  also  of  all  estates  that 
fall  to  the  State  in  default  of  heirs. 

(5)  Except  in  the  parish  of  Orleans,  all  fines 
imposed  by  the  district  courts  for  violation  of  law,  and 


170  CIVIL    GOVERNMENT    OF    LOUISIANA 

the  amounts  collected  on  forfeited  bonds,  less  com- 
missions, must  be  paid  over  to  the  treasurers  of  the 
parishes  in  which  they  are  collected  and  be  applied  to 
the  support  of  public  schools. 

(6.)  Sixteenth  Sections.  A  special  school  fund  is 
derived  from  the  so-called  "sixteenth  sections, "  the 
origin  of  which  will  be  explained  below. 

(7.)  Tax  on  inheritances,  legacies,  and  donations. 
The  legislature  has  power  to  levy,  solely  for  the  sup- 
port of  public  schools,  a  tax  upon  all  inheritances, 
legacies,  and  donations;  provided,  that  no  direct 
inheritance,  or  donation,  to  an  ascendant  or  descend- 
ant, below  $10,000  in  amount  or  value  shall  be  so 
taxed;  provided  further,  that  no  such  tax  shall  exceed 
three  per  cent  for  direct  inheritances  and  donations  to 
ascendants  and  descendants,  and  ten  per  cent  for  col- 
lateral inheritances,  and  donations  to  collaterals  or 
strangers.  Bequests  to  educational,  religious,  or 
charitable  institutions  are  exempt  from  this  tax. 
Moreover,  this  tax  cannot  be  enforced  when  the  prop- 
erty donated  or  inherited  has  borne  its  just  proportion 
of  taxes. in  the  State  prior  to  the  time  of  the  donation 
or  inheritance.  This  is  the  first  time  in  the  history  of 
Louisiana  that  any  provision  has  been  made  for  this 
kind  of  taxation. 

(8.)  Local  Taxation.  Except  in  the  parish  of 
Orleans,  the  police  jurors  of  the  different  parishes,  as 
well  as  the  councils  of  cities,  towns,  and  yillages  may 
levy  for  their  respective  schools  a  tax  of  one  and  one- 
half  mills  out  of  the  ten  mills  tax  permitted  by  the 
Constitution.  Moreover,  any  parish,  municipal  cor- 
poration, ward,  or  school  district  may  levy  for  the 


EDUCATION  I    PUBLIC    SCHOOLS 

support  of  public  schools,  or  for  ,  building  school 
houses,  a  special  tax  without  limitation  of  rate,  pro- 
vided that  the  said  tax  shall  have  been  submitted  to  a 
vote  of  the  property  taxpayers  of  the  district,  and  a 
majority  of  the  voters  in  numbers  and  in  value  of 
property  voting  at  the  election,  shall  have  voted  there- 
for. At  such  elections  women  who  are  taxpayers 
have  the  right  to  vote,  either  in  person,  or  through 
their  agents  authorized  in  writing. 

2OO.  The  Revenue  of  the  New  Orleans  Schools. 
— A  large  number  of  the  handsome  school  houses  in 
the  city  have  been  built  out  of  a  donation  made  by  a 
former  citizen  of  New  Orleans,  John  McDonogh;  but 
this  fund  is  devoted  entirely  to  school  buildings.  The 
city  makes  such  appropriations  for  the  establishment 
and  maintenance  of  the  public  schools  as  it  thinks 
proper;  but  it  cannot  appropriate  less  than  eight- 
tenths  of  one  mill  for  any  one  year.  Besides  this 
appropriation,  it  receives  its  share  of  the  current 
school  fund  collected  by  the  State.  Out  of  its  funds 
it  appropriates  $2,000  to  the  purchase  of  text-books 
for  indigent  pupils  in  the  primary  grades. 


CHAPTER  XXVI 

OTHER    DIVISIONS    OF    THE    STATE 

In  order  to  avoid  confusion,  it  will  be  necessary  just 
here  to  remind  the  reader  that,  besides  the  division 
into  parishes,  wards,  school  districts,  and  townships, 
which  have  already  been  described,  the  State  is 
further  divided  into  various  districts  for  various  pur- 
poses. • 

2O  I.  Congressional  Districts. — These  districts 
elect  representatives  to  the  lower  house  of  Congress. 
The  number  of  representatives  to  be  sent  by  each 
State  is  fixed  by  Congress  itself,  according  to  the  popu- 
lation of  the  State,  only  each  State  is  entitled  to  at 
least  one.*  The  State,  however,  determines  the  boun- 
daries of  the  districts.  Louisiana  has  six  congress- 
men and  the  General  Assembly  has  divided  the  State 
into  six  districts.  It  may  be  added  that  every  State 
sends  two  senators  to  the  Federal  Congress,  but  as 
these  are  elected  by  the  General  Assembly  from  any 
part  of  the  State,  there  is  no  division  into  senatorial 
districts,  except,  as  explained  below,  for  State  pur- 
poses. 

2O2.  State  Representatives  Districts . — These 
elect  representatives  to  the  lower  house  of  the  Gen- 

*  The  ratio  of  representation  based  on  the  Census  of  1890  is  one 
representative  for  every  173,901  inhabitants.  As  the  population  of 
Louisiana  in  1890  was  1,118,587,  it  will  be  seen  that  the  State  is  en- 
titled to  six  representatives. 

172 


OTHF.R    DIVISIONS    OF   THE    STATE  173 

eral  Assembly.  Their  boundaries  were  fixed  by  the 
Constitution  of  1898,  but  every  ten  years,  after  the 
United  States  census  is  taken,  the  General  Assembly 
is  required  to  apportion  the  representatives  among  the 
several  parishes  and  election  districts  according  to  the 
total  population.  This  is  done  by  fixing  a  representa- 
tive number,  and  then  assigning  to  each  district  as 
many  representatives  as  its  whole  population  entitles 
it  to,  with  an  additional  representative  for  any  fraction 
exceeding  one-half  the  representative  number.  The 
Constitution,  however,  places  two  restrictions  upon 
the  General  Assembly  by  requiring  that  each  parish 
and  each  ward  of  New  Orleans,  whatever  its  popula- 
tion, shall  have  at  least  one  representative,  and  that 
the  total  number  of  representatives  shall  not  exceed 
1 1 6,  nor  fall  below  98.  The  present  number  is  114. 

203.  State   Senatorial    Districts. — These    elect 
Senators  to  the  upper  house  of  the  General  Assembly. 
Every  tenth  year,  if  a  new  apportionment  of  represen- 
tatives is  made,  the  General  Assembly  is   required  to 
divide  the  State  into  senatorial  districts.     The  boun- 
daries of  the  present  districts,  however,  were  fixed  by 
the  present  Constitution,  and  have  not  been  changed. 
No  parish  except  Orleans  can  be  divided  in  the  forma- 
tion of  a  senatorial  district,  and  the  total  number  of 
Senators  cannot  exceed  41,  nor  fall  below  36.     The 
present  number  is  39. 

204.  Judicial  Districts. — These  districts  are  laid 
out  for  the  sessions  of  the  various  courts  of  the  State. 
Their  boundaries  are  fixed  by  the  Constitution,  but 
may  be  changed  by  the  General  Assembly. 

205.  Levee  Districts. — As  much   of  the  alluvial 


174  CIVIL    GOVERNMENT    OF    LOUISIANA 

land  of  Louisiana  is  subject  to  overflow,  a  number  of 
levee  districts  have  been  created  by  acts  of  the  Gen- 
eral Assembly.  Within  these  districts  there  are 
boards  of  Levee  Commissioners,  appointed  by  the 
Governor,  and  authorized  to  levy  a  special  tax  upon 
the  inhabitants  for  the  maintenance  and  repair  of  the 
levees.  (See  under  Taxation,  Chap,  XIII.) 


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LOUISIANA 


SSI      P7  P    \I 


CHAPTER  XXVII 

CITIES,    TOWNS,    AND    VILLAGES 

206.  Classification. — By  an  Act  of  the  General 

Assembly  passed  in  1898,  municipal  corporations  are 
divided  into  three  classes,  viz. ,  cities,  towns,  and  vil- 
lages. Those  having  5,000  or  more  inhabitants  are 
cities;  those  having  less  than  5,000  and  more  than 
1,000  are  towns;  those  having  less  than  1,000  and 
more  than  250  are  villages.  Whenever  the  municipal 
authorities  of  a  city,  town,  or  village  represent  to  the 
Governor  of  the  State  that  the  number  of  inhabitants 
has  increased  or  diminished,  and  that  the  municipality 
is  therefore  wrongly  classified,  the  Governor  must 
investigate  the  matter,  and  declare  by  proclamation 
the  proper  classification.  If  the  national  or  State 
census  shows  that  the  number  of  inhabitants  in  any 
municipality  has  fallen  below  100,  the  Governor 
must  abolish  the  municipality,  and  it  can  no  longer 
exercise  any  corporate  powers  or  functions. 

207.  Method   of    Incorporation. — No  municipal 
corporation  can  be  created  with  less  than  250  inhabit- 
ants.    Whenever   two-thirds    of    the    voters    of    any 
hamlet  or  unincorporated  village  present  to  the  Gov- 
ernor a  petition,  setting  forth  the  metes  and  bounds  of 
their  hamlet,  stating  the  number  of  inhabitants,  and 
praying  for  incorporation,  the  Governor  must  enquire 
into   the   facts.      If  he  finds  that  it   has   a  sufficient 
number  of  inhabitants,  and  that  the  petition  has  been 
properly  advertised,  he  must  declare  by  proclamation 

175 


176  CIVIL    GOVERNMENT    OF    LOUISIANA 

that  the  said  hamlet  is  incorporated  as  the  "Village 
of—." 

208.  Government  of  an  Incorporated  Village. — 
A  hamlet   seeks  incorporation  that  it   may  have  the 
privilege  of  suing  and  being  sued  in  the  courts,  that  it 
may  enter  into   contracts  like   an   individual,  that  it 
may  hold   property,    and    that    it    may  govern    itself 
through  its  own  elected  officers.     When   a  village  is 
first  incorporated,  however,  the  Governor  appoints  all 
the   officers  thereof,  and  they  hold  their  offices  until 
the  next  general  municipal  election  is  held,  and  until 
their  successors  are  qualified.     The  officers  of  every 
municipality  are  the   mayor,  the  aldermen,   the  mar- 
shal, the  tax  collector,  and  the  street  commissioner. 
The  number  of  aldermen  in  a  city  must  not  be  less 
than  five  nor  more  than  nine;  in  a  town  there  must  be 
five,  and  in  a  village   three.      The  mayor,  the  alder- 
men,   and  the    marshal    are   elected    by  the   people, 
while  the  other  officers  are  elected   by  the  board  of 
aldermen.      Any   municipality    may    provide    for   the 
election  of  such  other  officers  as  the  growing  needs  of 
ihe  community  may  require. 

209.  Powers    of    Mayor   and   Aldermen. — The 
mayor  and  board  of  aldermen  of  every  city,  town,  or 
village  have  the  care,    management,  and  control  of 
their    municipal    corporation    and    its    property    and 
finances.     They  have  power  to  pass  ordinances  that 
are  not  contrary  to  the  laws  of  the  State,  and  to  alter 
or  repeal  the  same.     They  levy  and   collect   taxes, 
make  regulations  for  the  general  health  of  the  com- 
munity, make    needful    police    regulations,    maintain 
streets,  provide  waterworks,  erect  school  houses,  etc. 


CITIES,    TOWNS    AND    VILLAGES  177 

2  I O.  Additional  Powers  in  Cities  and  Towns.— 
The  mayor  and  aldermen  of  cities  and  towns  have 
further  powers  not  granted  to  the  government  of 
villages.  They  may  establish  and  regulate  hospitals, 
provide  for  the  erection  of  lamp  posts  and  the  lighting 
of  streets  and  parks,  establish  public  libraries,  main- 
tain a  regular  fire  department,  etc.  In  cities  and  in 
towns  of  more  than  2,000  inhabitants,  still  larger 
powers  are  granted;  such  as  to  levy  license  charges 
upon  trades  and  professions,  to  establish  free  wharves, 
etc. 

211.  Duties   of  the  Mayor. — The  mayor  is  the 
executive  officer  of  the  municipality.      He  presides  at 
the  meetings  of  the  aldermen,  and,  in  case  of  a  divi- 
sion,   has    the    deciding    vote.      He    may    veto    any 
measure,  but  the  measure  may  still  be  adopted  if  two- 
thirds  of  the  aldermen  vote  for  it  thereafter.     He 
must  be  active  and  diligent  in  enforcing  all  laws  and 
ordinances.      He  must  also  preside  in  a  court  for  the 
trial  of  violations  of  the  ordinances,  and  must  impose 
fines  and  penalties.     As  soon,  however,  as  a  city  con- 
tains  more  than    5,000   inhabitants,   it  elects   a   city 
judge,  who  takes  the  place  of  the  mayor  as  a  judicial 
officer,  with  a  wider  jurisdiction. 

212.  Duties  of  Other  Officers. — The  marshal  is 
ex-officio  constable  of  the  municipality.      He  is  also 
chief  of  police,  and  performs  all  other  duties  required 
of  him  by  the  ordinances.      The  tax-collector  collects 
and  pays  over  all  taxes  levied,    and   performs  other 
duties  required.      The  street  commissioner,  as  his  title 
indicates,  has  general  control,  under  the  direction  of 
the  mayor  and  aldermen,  of  streets,  alleys,  and  side- 


178  CIVIL    GOVERNMENT    OF    LOUISIANA 

walks,  and  sees  that  they  are  kept  in  good  condition. 
The  street  commissioner  and  clerk   may  be  an  alder- 
man, and  the  clerk  or  marshal  may  be  the   tax-col- 
lector or  assessor,  if  the  mayor  or  aldermen  so  decide. 
2 1 3.     The  Act  Applicable  to  Existing  Munici- 
palities.— The  provisions  of  the  Act  given  above  do 
not    apply  to   cities    containing    more    than    200,000 
inhabitants  (New  Orleans  is  the  only  one),  and  they 
do  not  apply  to  any  existing  municipalities,  unless  it 
be  determined   by    a    majority  vote    of   the    electors 
therein,  to  be  cast  at  an  election  held  for  the  purpose, 
to   come   under  the  operation  of  the  Act.      Such  an 
election  must  be  held  on   the   petition  of   twenty-five 
voters  who  are   freeholders.      If   any  existing  munici- 
pality decides  not  to  come  under  the  provisions  of  the 
Act,  and  yet  wishes  to  amend  its  charter,  it  may  do  so 
in   the   following  manner.     The  mayor  and  aldermen 
prepare  the  proposed   amendments   in  writing,  and, 
after  publishing  them   for  three  weeks,  they  submit 
them  to  the  Governor,  who  submits  them  to  the  attor- 
ney-general of  the  State.      If  the  latter  declares  that 
they  are  consistent  with  the  laws  of  the  State  and  of 
the  United  States,  and  if  there  be  no  protest  against 
the  amendments   by  one-tenth  of  the  electors  in  the 
municipality,  the  Governor  approves  the  amendments, 
and,  when  recorded,  they  have  the  effect  of  law.     It 
is  to  be  noted  that  if  a  municipal  corporation  has  not 
less    than     2,500    inhabitants,     its    charter    may    be 
granted,  renewed,  or  amended  by  a  special  act  of  the 
General   Assembly.     As   Now  Orleans  is  the  largest 
city  in  the  State  and  its  government  has  some  peculiar 
features,  it  will  be  well  to  consider  it  separately. 


CHAPTER  XXVIII 

THE    CITY    OF    NEW    ORLEANS 

2  1 4.  Area  of  the  City. — The  corporate  limits  of 
the  city  embrace  the  original  parish  of  Orleans  and  a 
portion  of  Jefferson  parish,  which  portion  is  now  a 
part  of  Orleans.  These  boundaries  enclose  an  area  of 
nearly  199  square  miles,  though  the  inhabited  portion 
of  the  city  is  only  37  square  miles. 

215.  The  New  Charter. — In  1896  New  Orleans, 
dissatisfied  with  its  existing  charter,  submitted  a  new 
charter  for  the  approval  of  the  General  Assembly. 
As  soon  as  this  charter  was  granted,  it  was  put  in  force 
as  far  as  possible,  and  it  promises  to  be  entirely  satis- 
factory to  a  majority  of  the  inhabitants.  As  the  city 
has  more  than  a  quarter  of  a  million  inhabitants,  it 
requires  far  more  officials  than  the  mayor  and  alder- 
men that  every  small  town  or  city,  when  it  is  incor- 
porated, is  required  to  elect.  In  fact  the  government 
of  a  great  city  like  New  Orleans  is  so  complex  that  to 
be  well  understood  its  charter  has  to  be  carefully 
studied.  Only  the  leading  features  of  the  charter  can 
be  given  here. 

2  1 6.  Municipal  Districts,  etc.  -  -  The  city  is 
divided  into  seven  municipal  districts,  which  in  turn 
are  subdivided  into  seventeen  wards.  To  each  of 
these  districts  a  certain  number  of  representatives  in 
the  City  Council  is  assigned,  and  these  are  elected  in 
some  cases  from  the  wards  composing  the  districts, 
and  in  other  cases  from  the  districts  at  large.  This 

179 


l8o  CIVIL    GOVERNMENT    OF    LOUISIANA 

lack  of  uniformity  is  due  to  various  amendments  to  the 
charter  that  were  made  in  the  General  Assembly.  It 
will  doubtless  be  corrected  in  the  near  future. 

2 1  7.  The  Council,  or  Legislative  Department.— 
This  body,  unlike  the  General  Assembly,  consists  of 
only  one  chamber.  The  number  of  members  from 
each  district  is  fixed  by  the  charter,  the  whole  number 
being  seventeen.  Like  the  other  city  officials  they 
are  chosen  for  four  years.  As  soon  as  they  are  elected,, 
they  meet  and  elect  by  ballot  a  president,  who 
administers  the  oath  of  office  to  the  new  mayor. 

218.  Salaries. — It  is  customary  in  most  cities  of 
the  Union  for  councilmen  to  serve  without  salary,  and 
this  was  formerly  the  custom   in  New  Orleans.      The 
new  charter,  however,  provides  that  every  councilman 
shall  receive    $20    for  attendance    at    each    monthly 
meeting,  if  he  has  also  attended  the  called   or  special 
meetings  of  the  same   month.      The  intention   of  this 
provision  is  not  so  much  to  reward  the  councilmen  in 
proportion  to  their  services  as  to  offer  a   premium  for 
regular    attendance.     The    president    of  the  council, 
however,  receives  a  salary  of  $2,000  a  year. 

219.  Powers  and  Duties  of  the  Council. — The 
most  important  of  these  are  :  (i)  to  preserve  the  peace 
and  good  order  of  the  city  ;  (2)  to  maintain  its  clean- 
liness  and  health  by    providing  a  proper  system   of 
drainage,  etc.  ;  (3)  to  prevent  the  sale  of  adulterated 
or  decayed  food  ;  (4)  to   keep  bridges  and  streets  in 
repair  ;  (5)  to  organize  and  maintain  public  schools  ; 
and   (6)    to    exercise  a  general    police    power.     The 
council  must  sit  with  open  doors  that  the  public   may 
attend  and  listen  to  its  deliberations. 


THE    CITY    OF    NEW    ORLEANS  1 8 1 

22O.  Executive  Department.  -  -  The  executive 
powers  are  vested  in  a  mayor,  a  comptroller,  a  treas- 
urer, a  commissioner  of  public  works,  a  commissioner 
of  police  and  public  buildings,  and  a  city  engineer. 
The  three  first  are  elected  by  the  people  for  four  years; 
but  the  others  are  appointed  by  the  mayor  with  the 
consent  of  the  council.  It  will  be  seen  that  a  large 
appointive  power  is  granted  to  the  mayor,  who  is  held 
responsible  for  the  efficiency  of  his  appointees.  In 
this  particular  the  charter  of  New  Orleans  is  in  accord 
with  other  charters  that  have  been  recently  made  for 
large  cities.  It  is  generally  believed  that  if  a  good 
man  is  chosen  as  mayor,  it  is  safe  and  wise  to  trust 
him  with  the  appointment  of  the  heads  of  depart- 
ments. Two  exceptions,  however,  to  this  appointive 
power  are  very  generally  made.  As  the  treasurer  has 
the  keeping  of  the  city's  money,  and  as  the  comp- 
troller signs  the  warrants  on  which  this  money  is  paid 
out,  these  officers  are  elected  by  the  people,  who  like 
to  hold  those  that  handle  their  money  responsible  to 
them. 

22  I .  The  Mayor. — The  Mayor  is  the  chief  execu- 
tive officer  of  the  city.  He  occupies  very  nearly  the 
same  position  in  the  city  as  the  Governor  in  the  State. 
It  is  his  duty  to  see  that  all  the  laws  and  ordinances 
of  New  Orleans  are  executed  and  enforced.  He  must 
also  sign  all  contracts  entered  into  by  the  city.  As  the 
Governor  is  commander  in  chief  of  the  State  militia,  so 
the  Mayor  is  commander  in  chief  of  the  police  force  of 
the  city.  All  ordinances  and  resolutions  passed  by 
the  Council  must  be  submitted  to  the  Mayor  for  his 
consideration.  If  he  signs  them,  they  become  law. 


l82  CIVIL    GOVERNMENT    OF    LOUISIANA 

If  he  disapproves  of  them,  he  must  return  them  with- 
in five  days  to  the  Council  with  his  written  objections. 
To  become  law  the  said  ordinances,  when  thus  vetoed, 
must  be  repassed  by  two-thirds  of  the  Council  elected. 
This  is  called  "  passing  over  the  veto."  If  the  Mayor 
fails  to  return  an  ordinance  with  his  objections  in  five 
days,  this  failure  has  the  force  of  a  veto.  The  salary 
of  the  Mayor  is  $6,000  a  year. 

222.  The  Granting  of  Franchises. — Ordinances 
granting  franchises,  such  as  the  privilege  of  operating 
a  street  railway,   etc. ,   are   regarded   as  so  important 
that  they  are  passed  in  a  different  manner  from  other 
ordinances.     When  such  an  ordinance  has  been  passed 
by  the  Council,   it   must  be  sent  to  the  Mayor,  who 
calls  together  the   other   members  of    the   Executive 
Department  to  consider  it  with  him.      They,    or  any 
four  of    them,    may  approve,    amend,    or    reject    the 
ordinance.      If  they  amend,  the  amendments  must  be 
accepted  by  a  majority  of  the  Council  before  the  ordi- 
nance is   finally  sent  to   the  Mayor   for  his  veto   or 
approval. 

223.  The  Treasurer  and  the  Comptroller. — The 
duties  of  these   officials   have  been   mentioned  above. 
The  treasurer  has  the  care  of  all  the   moneys  of  the 
Corporation,  which  he  pays  out  on  the  warrants  of 
the  comptroller  and  the  Mayor.     The  comptroller  has 
general  superintendence  of  the  finances  of  the  city, 
and  twice  a  year  he  must  lay  before  the  Council  and 
the  Mayor  a  full  report  of  its  financial  affairs.     The 
duties  of  the  other  members  of  the  Executive  Depart- 
ment are  sufficiently  indicated  in  their  titles. 

224.  Board  of  Civil  Service  Commissioners. — 


THE    CITY    OF    NEW    ORLEANS  1 83 

Some  of  the  large  cities  have  found  it  wise  to  intro- 
duce into  their  charters  provisions  for  the  appoint- 
ment of  a  board  of  civil  service  commissioners.  The 
duty  of  such  a  board  is  to  subject  applicants  for  the 
minor  offices  and  places  in  the  government  of  the  city 
to  an  examination.  This  method  of  selecting  officials 
destroys  the  old  system  of  patronage  under  which  the 
heads  of  departments  rewarded  their  friends  by  giving 
them  lucrative  positions  in  the  city  government.  By 
a  good  civil  service  system  only  the  worthiest  and  best 
qualified  persons  can  obtain  positions.  It  insures  the 
best  possible  service  to  the  government,  for  it  rewards 
merit  instead  of  political  service.  By  the  charter  of 
1 896  such  a  board  was  created  for  the  first  time  in  the 
history  of  the  city.  After  it  had  served  for  four  years, 
an  act  of  the  Legislature  was  passed  making  provision 
for  a  new  board  and  effecting  important  changes  in 
the  whole  system. 

Appointment  and  Duties.  —  As  at  present  consti- 
tuted, the  board  consists  of  the  mayor,  the  treas- 
urer; and  the  comptroller,  and  two  citizens  to  be 
appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  council.  These  appointees,  however, 
hold  office  only  during  the  term  of  the  appointing 
powers.  The  board  is  required  to  classify  all  offices 
and  places  except  such  as  are  exempt  by  law,  and  no 
appointment  is  to  be  made  to  these  offices  and  places 
except  in  accordance  with  the  rules  of  the  civil  serv- 
ice. Within  thirty  days  after  the  beginning  of  each 
municipal  administration,  a  general  examination  is 
held  by  the  board,  or  by  such  examiners  as  it  may 
appoint,  for  all  applicants  for  positions  in  the  classi- 


184  CIVIL    GOVERNMENT    OF    LOUISIANA 

fied  service,  and  all  persons  holding  or  desiring  to 
hold  positions  in  the  service  are  obliged  to  undergo 
the  same.  From  the  lists  of  successful  candidates, 
appointments  are  made  by  the  heads  of  departments  ; 
but  no  appointee  holds  his  position  beyond  the  expi- 
ration of  the  term  of  the  appointing  officer,  except  the 
appointees  of  the  board  of  police  commissioners,  the 
board  of  fire  commissioners,  and  the  sewerage  and 
water  board,  whose  tenure  of  office  is  during  good 
behavior.  Besides  the  general  examination  every  four 
years,  special  examinations  are  held  as  they  are  found 
necessary  for  those  who  seek  promotion  from  rank  to 
rank,  etc.  The  new  law  makes  a  number  of  exemp- 
tions from  the  civil  service  rules  which  did  not  exist 
under  the  old  law.  These  exemptions  are  as  follows : 
(i)  chief  clerks,  secretaries,  cashiers,  receivers  of  pub- 
lic money,  and  stenographers  ;  (2)  attorneys,  civil 
engineers,  surveyors,  city  physician,  city  chemists, 
superintendent  of  the  city  fire  alarm,  and  the  city 
electrician,  and  the  captain  of  the  police  jail  ;  (3)  the 
officers  of  the  city  council  ;  (4)  street  laborers,  street 
bridge  carpenters,  drivers,  watchmen,  porters,  and 
janitors,  except  as  to  physical  abilities  to  perform  their 
duties  ;  (5)  all  Confederate  veterans  with  a  good 
record. 

225.  Board  of  Fire  Commissioners. — This  board 
consists  of  nine  members,  elected  one  from  each  munic- 
ipal   district  and  two   from  the  city  at   large.      The 
board  appoints  a  chief  engineer,  and,   under  the  civil 
service   rules,    holds  its  own  examinations  for  other 
officials. 

226.  Board    of    Police    Commissioners. — This 


THE    CITY    OF    NEW    ORLEANS  185 

board  consists  of  seven  members,  elected  by  the 
council  for  twelve  years,  two  going  out  every  four 
years.  The  mayor  and  the  commissioner  of  public 
works  are  ex-officio  members.  The  mayor  is  the  pre- 
siding officer,  though  a  president  pro  tempore  is  always 
elected  to  take  his  place  when  he  cannot  attend. 
The  board  appoints  a  superintendent  of  police,  and 
has  general  control  of  the  police  force,  but  all  other 
appointments  and  promotions  are  subject  to  civil 
service  rules.  The  members  of  the  board  receive  no 
salary.  {Recorders'  Courts.  See  Chapter  X  under 
Courts.] 

227.  Sewerage    and  Water    Board. — The  city 
having  been  authorized  to  issue  bonds  for  the  impor- 
tant work  of  sewerage  and  drainage,  a  board  has  been 
established  for  constructing,   controlling,  maintaining, 
and   operating  the  public  water  system  and  sewerage 
system.      It  is  composed  of  the  members  of  the  drain- 
age commission,   as  now  constituted,  together  with  a 
citizen   property  taxpayer  in  each  of  the  seven  muni- 
cipal districts  of  New  Orleans,  to  be  appointed  by  the 
Mayor,  with  the  consent  of  the  council,   for  twelve 
years.     The  appointment  of  this  board   marks  a  new 
era  in  the  history  of  the  city. 

228.  Taxation. —  Once  in  every  twelve    months 
the  City  Council   must  make  out  a  detailed  estimate 
exhibiting  the  various  items  of  liability  and  expendi- 
ture,   including    the    requisite    amount    for   all    city 
expenses   during  the  year,  and   must  levy  such  taxes 
as  may  be    necessary  to    meet   these    liabilities    and 
expenditures.      Besides  these  taxes  an  annual  license 
is  imposed  on  certain    occupations  and    professions. 


1 86  CIVIL    GOVERNMENT    OF    LOUISIANA 

The  property  of  the  city  is  also  taxed  by  the  State 
for  its  own  expenses.  It  must  be  added  that  the  city 
has  not  an  unlimited  power  of  taxing  itself.  Taxa- 
tion is  controlled  by  the  General  Assembly  under 
certain  conditions  imposed  by  the  constitution.  All 
this  we  shall  see  more  clearly  when  we  consider  the 
subject  of  State  taxation.  As  New  Orleans  has  a 
large  debt,  amounting  to  many  millions  of  dollars,  its 
rate  of  taxation  is  high.  It  levies  2.2  per  cent — one 
per  cent  for  actual  expenses,  one  per  cent  for  the 
city  debt,  and  two  mills  for  drainage,  etc.  The  State 
adds  six  mills,  making  2.8  per  cent  on  the  dollar. 
As  there  is  a  levee  tax  of  seven-tenths  of  a  mill,  the 
total  rate  is  2.87  per  cent. 

229.  Other  Appointees  of  the  Mayor. — Besides 
the    heads  of    departments    already  mentioned,    the 
mayor  appoints,  with  the  consent  of  the  council,   a 
city  attorney  and  a  city  notary.      The  attorney  is  the 
legal  adviser  of  the  city,  and  represents  it  in  all  suits 
in  which  it  may  have  an  interest.     He  holds  office  for 
six  years  and  receives  a  salary  of  $6,000  a  year.     The 
city  notary  prepares    all  contracts,   acts  of  purchase 
or  sale,  etc.,  to  which  the  city  is  a 'party.     The  notary, 
the  attorney,  and  all  other  appointees  of  the  mayor 
are  removable  by  him  at  his  pleasure. 

230.  Date  of   Elections. — In    order  to  separate 
city  affairs  as  far  as  possible  from  State  affairs,  and 
thus  exclude  party  government  from  the  former,  it  has 
become   customary  in  many  large  cities  to  hold  the 
city  elections  on  a  different  day  from  that  of   State 
elections.     It  is  easier  under  these  circumstances  to 
elect  as  mayor,  etc. ,  the  best  men,  whether  they  be 


THE    CITY    OF    NEW    ORLEANS  1 87 

republicans  or  democrats;  for  the  citizens  will  be  more 
likely  to  vote  without  reference  to  party  lines.  A  city 
is  now  rightly  regarded  as  a  large  business  corpora- 
tion which  should  be  taken  out  of  politics  and  managed 
on  business  principles.  Fortunately,  the  present  con- 
stitution recognizes  the  importance  of  such  a  regula- 
tion, and  provides  that  in  New  Orleans  the  elections 
for  parish  and  city  offices  shall  always  be  held  on  the 
same  day,  but  that  they  shall  always  be  on  a  day 
separate  and  apart  from  the  general  election  for  State 
officers.  The  city  elections  are  now  held  on  the  Tues- 
day following  the  first  Monday  of  November,  though 
the  General  Assembly  has  power  to  change  this  date. 

231.  Impeachment  and   Removal. — The  mayor 
and  other  officers  of  the  executive  department  may 
be  impeached  and  removed  for  malfeasance  in  office, 
gross  neglect  of  duty,  or  unfitness.      A  standing  com- 
mittee   of   the    council,    consisting    of    five    members 
(called  the  Committee  of    Public  Order) ,   must  con- 
duct  the    impeachment    proceedings.      The    council, 
except  these  five  members,  sits  as  a  court  to  try  such 
cases,  and  no  person  can  be  convicted  without  a  vote 
of  at  least  ten  members  of  the  council.     When  the 
mayor  is  on  trial,  the  president  of  the  council  presides. 

232.  Punishment. — If  an  officer  is  convicted,  he 
may  be  removed  from  office  and  declared  incapable  of 
holding  any  office  under  the  city  charter.      He  is  still 
liable, -however,  to  indictment,  trial,  and  imprisonment 
according  to  law  for  the  offence  he  has  committed. 
In  addition  to  removal  by  way  of  impeachment,  the 
council  may,  by  a  vote  of  two-thirds  of  its  members, 
remove  from  office  any  official  elected  by  the  council. 


1 88  CIVIL    GOVERNMENT    OF    LOUISIANA 

233.  Government  of  Other  Cities. — From  the 
outline  given  above  it  will  be  clear  that  the  govern- 
ment of  New  Orleans  includes  many  departments  and 
is  quite  complex.  There  are  no  other  large  cities  in 
the  State,  but  there  are  two  that  contain  more 
than  10,000  inhabitants,  i.e. ,  Shreveport  and  Baton 
Rouge.  These  cities  received  their  charters  from 
the  General  Assembly.  The  details  of  these  charters 
cannot  be  given  here,  but  it  may  be  noted  that  they 
contain  provision  for  a  much  simpler  form  of  govern- 
ment than  that  of  New  Orleans.  Neither  of  them 
gives  the  mayor  the  privilege  of  appointing  heads  of 
departments,  and  neither  provides  for  a  Civil  Service 
Commission.  These  provisions  are  the  outcome  of 
recent  ideas  concerning  city  government  and  apply 
more  particularly  to  large  cities.  • 


CHAPTER  XXIX 

THE    BILL    OF    RIGHTS 

Now  that  we  have  examined  the  various  forms  of 
local  government,  it  will  not  be  very  difficult  to  under- 
stand the  working  of  the  State  government,  which 
has  control  of  the  matters  that  belong  to  all  the 
citizens  alike.  The  State  government  is  created  by 
the  constitution  or  fundamental  law,  to  which  refer- 
ence has  already  been  so  frequently  made.  Hence 
if  we  would  understand  what  form  of  general  State 
government  we  have  in  Louisiana,  we  must  continue 
to  study  the  constitution  of  the  State. 

234.  Origin  of  the  Bill  of  Rights.— The  bill  of 
rights,  commonly  placed  at  the  beginning  of  a  State 
constitution,  is  intended  to  secure  what  are  called  the 
civil  rights  of  the  citizens;  that  is,  the  protection  of 
person  and  property,  as  well  as  the  privilege  of  pursu- 
ing whatever  trade  or  calling  one  sees  fit  to  follow.  * 
The  Bill  of  Rights  in  the  Constitution  of  Louisiana  is 
for  the  most  part  modeled  after  the  Federal  Bill  of 
Rights  contained  in  the  first  ten  amendments  to  the 
constitution  of  the  United  States.  These  amend- 
ments, though  borrowed  from  the  constitutions  of  the 
original  thirteen  States,  can  be  traced  back  to  some 
articles  of  the  famous  Bill  of  Rights  by  which,  in 
1689,  constitutional  government  was  established  in 
England.  Thus  if  we  compare  the  Louisiana  docu- 

*  See  Hinsdale's  American  Government,  p.  21. 

189 


CIVIL    GOVERNMENT    OF    LOUISIANA 

ment  with  the  English  original,  we  shall  find  that 
some  important  maxims  of  individual  liberty  are  laid 
down  by  both  in  almost  the  same  words.* 

235.  Articles  of  the  Louisiana  Bill  of  Rights. 
Article   I. — The  first  article  declares  that  all  govern- 
ment  originates  with  the  people,   is  founded  on  their 
will,  and   is  instituted   solely  for  their  welfare.       Its 
proper  function  is  to  secure  justice  to  all,   preserve 
peace,  and  to  promote  the  interest  and  happiness  of 
the  people.       This    article  is  founded  on  the  second 
clause    of    the     Declaration    of     Independence.       It 
expresses  the  modern  idea  that  the  government  exists 
for  the  people  and  not  the  people  for  the  government. 
The  acts  of  many  sovereigns  in  ancient  times,  and  of 
some  in  modern  times,  have  shown  that  they  believed 
the  people  existed  only  for  the  benefit  of  the  govern- 
ment.     The  Declaration  of  Independence  was  a  pro- 
test against  this  idea. 

236.  Article  II. — This  article   provides   that   no 
person  shall  be  deprived  of  life,  liberty,  or  property, 
except  by  due  process  of  law.     The  exact  words  of  the 
article  are  to  be  found  in  the  fifth  Amendment  to  the 
Federal  Constitution,  but  there  they  are  intended  only 
to  protect  the  individual  against  the  arbitrary  action 
of  the  Federal  Government.     Here  the  same  protec- 
tion is  guaranteed  against  the  State  authorities. 

237.  Articles  m.,  IV.,  and  V. — These  articles  pro- 
vide  that   no   State  law  shall  be  passed   restraining 
liberty  of  speech  or  of  the  press;  that  there  shall  be 
no   established  religion;    and   that   the   people    may 
always  assemble  peaceably  to  petition  the  State  gov- 

*It  will  be  instructive  for  the  student  to  make  this  comparison. 


THE    BILL    OF    RIGHTS 

eminent  for  a  redress  of  grievances.  The  articles  are 
copied  from  the  first  Amendment  to  the  Federal  Con- 
stitution, which  applies  only  to  laws  passed  by  Con- 
gress. It  must  be  noted,  however,  that  freedom  of 
speech  and  of  the  press  does  not  permit  persons  to  say 
at  all  times  exactly  what  they  think.  Everybody,  for 
instance,  is  liable  to  a  suit  for  libel  in  case  he  is 
guilty  of  malicious  utterances.  Liberty  must  not  run 
into  license. 

238.  Article    VI. — This    article    simply    provides 
that  all  State  courts  shall  be  open,  and  that  for  those 
who  have  received  any  injuries  to  their  rights  there 
shall  be  no  denial  of  justice  or  unreasonable  delays. 
A  similar    provision   is  to    be  found    in    the   English 
Magna  Carta. 

239.  Article  VII. — This  article  declares  the  right 
of  the  people  to  be  secure  in  their  persons,  houses,  and 
effects  against  unreasonable  searches  by  the  officers  of 
the  Government.      Search  warrants   must    be  issued 
only  upon  probable  cause  and  with  full  description  of 
the  place  to  be  searched  and  the  persons  or  things  to 
be  seized.      This  article,  borrowed  verbatim  from  the 
fourth  Amendment  to  the  Federal  Constitution,  is  a 
protest  against  such  search  warrants  as  were  issued  to 
oppress  the  American  colonists  just  before  the  Revolu- 
tion.    In  the  Federal  Constitution  it  applies  only  to 
warrants  issued  by  the  United  States  courts;  here  it  is 
applicable  to  the  State  courts  and  officers. 

240.  Article  VIII. — This  article  declares  that  a  well 
regulated   militia   being  necessary  to  the  security  of 
the  State,  the  right  of  the   people  to  keep  and  bear 
arms  shall  not  be  taken  away,  but  that  laws  may  be 


192  CIVIL    GOVERNMENT    OF    LOUISIANA 

passed  to  punish  those  who  carry  weapons  concealed. 
The  first  part  of  this  article  is  the  same  as  the  second 
Amendment  to  the  Federal  Constitution.  It  secures 
the  militia  against  adverse  State  laws,  and  protects 
the  individual  citizen  in  the  right  to  keep  and  bear  arms. 

241.  Article  IX. — This  article  contains  several 
important  provisions  for  the  protection  of  the  rights  of 
persons  accused  of  crimes. 

(i.)  In  all  criminal  prosecutions  the  accused  shall 
have  the  right  to  a  speedy  trial  by  an  impartial  jury; 
provided  that  cases  in  which  the  penalty  is  not  neces- 
sarily imprisonment  at  hard  labor,  or  death,  shall  be 
tried  by  the  court  without  a  jury,  or  by  a  jury  less 
than  twelve  in  number.  Under  the  head  of  Judiciary 
Department  special  provision  is  made  that  all  cases  in 
which  the  punishment  may  not  be  at  hard  labor  shall, 
until  otherwise  provided  by  law,  which  shall  not  be 
prior  to  1904,  be  tried  by  the  judge  without  a  jury. 
Cases  in  which  the  punishment  may  be  at  hard  labor 
shall  be  tried  by  a  jury  of  five,  all  of  whom  must  con- 
cur to  render  a  verdict;  cases  in  which  the  punish- 
ment is  necessarily  at  hard  labor,  by  a  jury  of  twelve, 
nine  of  whom  concurring  may  render  a  verdict;  cases 
in  which  the  punishment  may  be  capital,  by  a  jury  of 
twelve,  all  of  whom  must  concur  to  render  a  verdict. 
It  is  expected  that  this  provision  will  facilitate  the  work 
of  the  courts  by  lessening  the  number  of  mistrials 
which  are  likely  to  occur  when  the  agreement  of 
twelve  jurors  is  necessary  for  conviction. 

(2.)  The  accused  shall  have  a  right  to  be  confronted 
with  the  witnesses  against  him;  he  shall  have  the 
right  to  obtain  the  assistance  of  counsel  and  to  com- 


THE    BILL    OF    RIGHTS  193: 

pel  the  presence  of  witnesses  in  his  behalf.  While  the 
legislature  may  provide  for  the  prosecution  of  misde- 
meanors, no  person  can  be  held  to  answer  for  a  capital 
crime  unless  on  an  indictment  or  presentment  by  a 
grand  jury.  This,  however,  does  not  apply  to  the 
members  of  the  militia  when  in  active  service  in  time 
of  war  or  public  danger;  for  at  such  times  they  are 
subject  to  the  severer  regulations  of  military  tribunals. 

(3.)  No  person  shall  be  twice  put  in  danger  of  life 
or  liberty  for  the  same  offence,  except  on  his  own 
application  for  a  new  trial,  or  where  there  is  a  mis- 
trial, or  a  motion  in  arrest  of  judgment  is  sustained. 
A  mistrial  arises  when  a  jury  cannot  agree  upon  the 
guilt  or  innocence  of  the  accused;  or  when  by  sickness 
of  a  judge,  a  juror,  or  the  accused,  a  trial  cannot  be 
completed.  An  arrest  of  judgment  is  the  staying  of  a 
verdict  after  conviction  on  the  ground  that  it  would 
be  erroneous.  With  some  important  changes  Article 
IX.  is  borrowed  from  the  fifth  Amendment  to  the  Fed- 
eral Constitution,  which  applies  only  to  cases  in  which 
the  laws  of  the  United  States  have  been  violated. 

242.  Articles  X.  and  XI. — In  all  criminal  prose- 
tions  the  accused  shall  be  informed  of  the  nature  and 
cause  of  the  accusation  against  him;  and  when  tried 
by  jury  shall  have  the  right  to  challenge  jurors,  the 
number  of  challenges  being  fixed-  by  law.  No  person 
shall  be  compelled  to  give  evidence  against  himself  in 
a  criminal  case,  or  in  any  proceeding  that  may  subject 
him  to  criminal  prosecution.  Similar  provisions 
applying  to  the  United  States  courts  are  found  in  the 
Federal  Constitution.  In  old  times  accused  persons 
were  compelled  by  torture  or  otherwise  to  incriminate 


194  CIVIL    GOVERNMENT    OF    LOUISIANA 

themselves,  but  fortunately  such  evil  customs  have 
passed  away  in  civilized  countries.  In  regard,  how- 
ever, to  testifying  against  oneself,  the  State  Constitu- 
tion (Art.  216)  makes  one  exception,  by  declaring  that 
any  person  may  be  compelled  to  testify  in  trials  of 
contested  elections,  in  proceedings  for  investigation  of 
elections,  and  in  all  criminal  trials  under  election 
laws,  and  shall  not  be  permitted  to  withhold  his  testi- 
mony on  the  ground  that  it  may  criminate  him  or  sub- 
ject him  to  public  infamy.  Compulsion  can  be 
exercised  only  through  imprisonment,  and  his  testi- 
mony cannot  be  used  against  him  in  judicial  proceed- 
ings, except  for  perjury  in  giving  such  testimony. 

243.  Article    XII.— Excessive    bail  shall    not    be 
required,  nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishments  inflicted.      All  persons  shall  be 
bailable,  except  for  capital  offences  where  the  proof  of 
guilt  seems  evident,  and  except  where  the  accused  has 
been  convicted  of  some  crime  punishable  with  death 
or  hard  labor.     The  first  part  of  this  provision,  which 
is  to  be  found  not  only  in  the  Federal  Constitution, 
but  also  in  the  Bill  of  Rights,  was  originally  framed 
in  England  to  protect  individual  liberty  against  the 
arbitrary  action  of  the  king. 

244.  Article  XIH. — This  article  provides  that  the 
famous  safeguard  of   individual   liberty,    the  Writ   of 
Habeas   Corpus,    shall    never   be   suspended    by   the 
authorities  of  the  State  except  in  cases  of  rebellion  or 
invasion  when  the  public  safety  may  require  its  sus- 
pension.    The  object  of  a  writ  of  Habeas  Corpus  is  to 
prevent  any  person  from  being  kept  in  jail  or  other- 
wise deprived  of  his  liberty,  except  upon  an  affidavit, 


THE    BILL    OF    RIGHTS  195 

indictment,  or  information,  charging  him  with  crime. 
By  means  of  such  a  writ,  which  may  always  be 
obtained  from  the  proper  judge,  a  jailer  may  be  com- 
pelled to  produce  his  prisoner  in  court  and  show  by 
what  authority  he  is  confined.  It  is  a  security  against 
unlawful  imprisonment.  The  writ  of  Habeas  Corpus 
is  found  far  back  in  English  history,  but  it  was  not 
formulated  till  1679,  in  the  reign  of  Charles  II.  The 
right  to  it  will  be  found  inserted  in  Art.  I,  sect.  9  of 
our  Federal  Constitution.  During  the  Civil  War  the 
President  of  the  United  States  in  several  instances 
suspended  the  writ  of  Habeas  Corpus  and  established 
martial  law  or  military  government.  Congress,  to 
which  such  action  legally  belonged,  upheld  the  Presi- 
dent on  the  ground  that  a  serious  rebellion  against  the 
Government  was  then  in  progress.  In  Louisiana, 
even  during  the  most  trying  times,  the  State  author- 
ities have  never  suspended  the  writ  of  Habeas  Corpus. 
In  1806,  when  there  was  much  excitement  in  New 
Orleans  over  the  so-called  Burr  Conspiracy,  Governor 
Claiborne  recommended  to  the  Territorial  Assembly 
the  suspension  of  the  writ,  but  that  body  refused  to 
adopt  his  suggestion.  General  Wilkinson,  the  comman- 
der of  the  United  States  troops,  then  established  mar- 
tial law  in  New  Orleans  on  his  own  responsibility  ;  but 
when  the  United  States  courts  issued  writs  of  Habeas 
Corpus,  Wilkinson  thought  it  wise  to  give  up  some 
prisoners  that  he  had  arrested.  Again  in  1814  Gov- 
ernor Claiborne  urged  the  General  Assembly  of  the 
State  to  suspend  the  writ  because  General  Jackson 
wished  to  incarcerate  persons  suspected  of  favoring  the 
British.  As  before,  however,  the  legislature  declared 


196  CIVIL    GOVERNMENT    OF    LOUISIANA 

that  the  step  was  unnecessary.  Accordingly,  General 
Jackson,  following  the  example  of  Wilkinson,  placed 
New  Orleans  under  martial  law,  and  exercised  the 
powers  of  a  dictator  until  he  brought  himself  in  con- 
flict with  a  United  States  court  by  disregarding  a  writ 
of  Habeas  Corpus.  It  will  be  remembered  that  he  was 
afterwards  fined  in  the  same  court  $1,000  for  having 
made  an  arbitrary  and  unnecessary  use  of  martial  law. 

245.  Article  XIV. — This  article  declares  that  the 
State    militia    shall    be   in  subordination  to  the  civil 
authorities.      As  has  been  stated  before,  the  Governor 
is  the  commander-in-chief  of  the  militia,    and  Article 
301  of  the  Constitution  further  declares  that  he   shall 
have  power  to  call  it  into  active  service  for  the  preser- 
vation of  law  and   order  or   when  the   public  service 
may  require  it. 

246.  Article  XV. — The  last  article  of  the  Bill  of 
Rights  is  similar  to  the  IXth  Amendment  to  the  Fed- 
eral   Constitution.       It    provides   that   the    foregoing 
enumeration  of  rights  shall  not  be  understood  as  deny- 
ing or  impairing  other  rights  of  the  people  not  herein 
expressed.     It  is  intended  to  guard  against  the  sup- 
position that  because  certain  rights  are  herein  clearly 
expressed,  the  people  of  the  State  possess  no  others. 
The   people  possess   all   rights   that  they   have    not 
expressly  renounced.       Of  course  it  is  implied  here 
that,  in  order  to  enjoy  his  rights,  the  citizen  must  con- 
duct himself  as  the  laws  of  the  State  require.     If  he 
violates  the  laws,   he  may  be  deprived  of  his  liberty 
and  even  of  his  life.     The  Bill  of  Rights  simply  pro- 
vides that  he  shall  not   be  so   deprived  without  due 
process  of  law. 


CHAPTER  XXX 

THE    GENERAL    ASSEMBLY 

247.  Distribution  of  Powers. — As  is  the  case  in 
the  Federal   Constitution,    the    powers    of  the   State 
government  are  distributed  among  three  departments. 
These  are  the  legislative,  which  makes  the  laws  ;  the 
judicial,  which  interprets  or  determines   the    meaning 
of   the    laws ;  *    and    the    executive,    which    executes 
them.      It  has  always  been  found  wise  to  keep  these 
various  departments  as  far  as  possible  separate  and 
distinct,  so  that  each  may  exercise  its  functions  with- 
out interference  on  the  part  of  the  others.     The  mak- 
ing of  laws  is  so  important  a  function  that  the  legisla- 
tive department  is  rightly  regarded  as  the  most  impor- 
tant   department   of  government.     As  we  shall  see, 
however,    hasty    or    unwise    legislation  may  be  held 
within  reasonable  bounds  by  means  of  the  Governor's 
veto  ;  while  the    Supreme    Court,    besides    its    other 
functions,  may  nullify  any  act  of  the  legislative  depart- 
ment which  conflicts  with    the    Constitution    of    the 
State  or  of  the  United  States. 

248.  Composition  of  Legislative  Department. — 
This  department  is  composed  of  two  bodies,  the  House 
of  Representatives  and  the  Senate,  which  together  are 
called  the  General  Assembly.      The  object   of  having 
two  bodies  is  that  one  may  serve  as  a  check  upon  the 
other. 

*  It  is  well  to  note,  however,  that  the  judiciary  never  interprets  the 
law  except  in  its  application  to  a  suit  actually  brought  in  the  court. 

197 


198  CIVIL    GOVERNMENT    OF    LOUISIANA 

249.  Apportionment. — Under    Divisions  of    the 
State  we  have  already  seen  how  the  State  is  divided 
into  representative  and  senatorial  districts,  and  how 
the  apportionment  of  members  is  made  to  these  two 
kinds  of  districts. 

250.  Time  and  Place  of  Meeting. — The  General 
Assembly  meets  at  Baton  Rouge  every  second  year  on 
the  second  Monday  in  May.     As  Representatives  and 
Senators  are  elected  for  four  years,  they  attend  two 
sessions.     A  session  is   limited  to  sixty  days.      The 
Governor,  however,  may  call  an  extra  or  special  ses- 
sion limited  to  thirty  days. 

25  I .  Qualifications. — Every  Representative  must 
be  twenty-one  years  of  age  and  every  Senator  twenty- 
five.  Both  must  have  been  citizens  of  the  State  for 
five  years  and  actual  residents  of  their  districts  for  two 
years  preceding  their  election. 

252.  Rules. — Each  house  is  a  judge  of  the  facts 
in  regard  to  the  election  of  its  own  members.      Each 
house  also  makes  rules  for  its  own  government,  pun- 
ishes its  members  for  disorderly  conduct,  and,  by  a 
vote  of  two-thirds  of  the  members  elected,  it  may  even 
expel  one  of  its  number. 

253.  Salary  and  Privileges. — The    members   of 
both  houses  receive  their  traveling  expenses  and  $5 
a  day   during   their    attendance    upon    the   session. 
They  are  privileged  from  arrest  during  their  attend- 
ance and  their  journey  to  and  fro,  except  for  treason, 
felony,  and  breach  of  the  peace.     They  must  not  be 
held  to  account  for  any  speech  made  in  either  house. 
This  last   provision  ensures  freedom  of  debate.      In 
England  in  former  times  the  king  would  sometimes 


THE    GENERAL    ASSEMBLY  199. 

punish  members  of  Parliament  for  speeches  made  in 
that  body. 

254.  The  Passing  of  Laws. — Only  the,,  leading 
provisions  can  be  given  here: 

(i.)  Every  law  passed  must  embrace  only  one 
object,  which  must  be  expressed  in  its  title.  The 
object  of  this  regulation  is  clear. 

(2.)  Bills  may  originate  in  either  house,  except 
bills  for  raising  revenue  or  appropriating  money. 
These  latter  must  always  originate  in  the  House  of 
Representatives,  though  the  Senate  may  propose  or 
concur  in  amendments  as  in  other  bills. 

To  confine  the  origin  of  such  bills  to  the  lower 
House  is  the  rule  both  in  England  and  in  America.  It 
arose  from  the  fact  that  the  House  of  Lords  and  the 
Federal  Senate  are  not  elected  by  the  people,  and  it 
is  a  recognized  principle  of  government  that  no  money 
shall  be  taken  from  the  people  except  through  their 
direct  representatives.  As  the  State  Senators,  how- 
ever,-are  elected  by  the  people  from  larger  districts, 
but  in  the  same  manner  as  the  Representatives,  there 
seems  no  good  reason  for  this  regulation  in  State  Con- 
stitutions, unless  it  be  urged  that  the  people  are  more 
fairly  represented  in  the  more  numerous  branch  of  the 
General  Assembly. 

(3.)  Every  bill  must  be  read  on  three  different 
days  in  each  house,  and  before  it  is  voted  on,  it  must 
have  been  reported  on  by  one  of  the  standing  com- 
mittees to  which  all  bills  are  referred.  If  a  bill  fails 
to  get  a  majority  of  the  votes  in  either  house,  it  is 
dropped. 

(4.)  The  Lieutenant-Governor  is  ex-officio  president 


2OO  CIVIL   GOVERNMENT   OF    LOUISIANA 

of  the  Senate  and  has  a  casting  vote  (in  case  of  a  tie), 
but  the  Senate  also  elects  one  of  its  members  a  tem- 
porary president  to  serve  in  the  absence  of  the  Lieu- 
tenant-Governor. The  House  of  Representatives  elects 
one  of  its  own  members  as  presiding  officer,  who  is 
known  as  the  Speaker.  When  a  bill  has  passed  both 
houses,  it  must  be  signed  by  the  two  presiding  officers 
and  taken  immediately  to  the  Governor.  His  duties 
will  be  discussed  under  the  Executive  Department. 

255.  Prohibitions  Laid  on  the  General  Assembly. 
— It  was  formerly  customary,  when  constitutions  were 
framed,  not  to  limit  the  powers  of  the  General  Assem- 
blies in  the  making  of  laws.  There  was  so  much 
abuse  of  these  powers,  however,  especially  during  the 
period  of  ' 'Reconstruction"  *  that  all  recent  Constitu- 
tions in  the  South  show  a  wholesome  fear  of  too  much 
legislation,  and  we  find  in  them  a  long  list  of  restric- 
tions upon  the  legislative  department;  that  is,  a  list 
of  subjects  with  which  the  General  Assembly  is  for- 
bidden to  meddle.  It  is  true  that  we  find  many  of 
these  forbidden  subjects  provided  for  in  the  Constitu- 
tions themselves,  and  in  such  cases  it  was  doubtless  the 
intention  to  prevent  those  changes  of  the  law  which 
naturally  result  from  a  succession  of  legislatures.  At 
all  events  the  result,  as  was  said  above,  has  been  to 
make  the  recent  Constitutions  very  long  documents, 
full  of  special  laws  formerly  left  to  the  discretion  of 
the  General  Assembly,  and  to  make  the  members  of 
that  body  feel  that  but  little  confidence  is  placed  in 
their  wisdom.  There  has  been  much  discussion  as  to 
whether  the  old  or  the  recent  system  is  the  better. 

*  See  Part  I.  of  this  Volume. 


THE    GENERAL    ASSEMBLY  2OI 

The  weight  of  authority  seems  in  favor  of  the  recent 
one. 

256.  Prohibitions  Enumerated. — Only  a  few  of 
the  restrictions  laid  upon  the  General  Assembly  by  the 
Constitution  of  1898  need  be  mentioned: 

1.  The  two  most  important  of  these  refer  to  the 
expenditure  of  money  and  the  contraction  of  debts, 
(a)  The  General  Assembly  shall  have    no    power  to 
draw  any  money  from  the  treasury  except  by  a  par- 
ticular or  specific  appropriation,  nor  shall  any  appro- 
priation be  made  for  a  longer  period  than  two  years. 
The  first  clause  enables  the  people  to   know  exactly 
for  what  purposes  their  money  is  being  spent,  and  the 
second  is  intended  to  limit  the  power  to  appropriate 
money  that  has  not  yet  come  into  the  treasury,    (b)  The 
General  Assembly  shall    have  no   power  to  contract 
or  to  authorize  the  contraction  of  any  debt  on   behalf 
of  the  State,  or  to  issue  bonds  except  to  repel  invasion 
or  to  suppress  insurrection.     This  provision  was  intro- 
duced  for  fear  that  some  unwise  Assembly  might  still 
further  increase  the  debt  of  the  State  and  lay  an  addi- 
tional burden  upon  the  tax-payers. 

2.  The  General  Assembly  is  forbidden  to  pass  any 
local  or  special  law  on  a  number  of  subjects  which  are 
very  carefully  enumerated.      The  principal  ones  are: 
(i)  the  regulation   of  labor,  trade,  manufacturing,  or 
agriculture;  (2)  the  granting  of  divorces;  (3)  the  open- 
ing or  conducting  of  elections;  (4)  the  creation  of  cor- 
porations or  the  amending  of  their  charters,  but  this 
provision   does  not  apply  to  large  towns  or  to  the 
organization  of  levee  districts  or  of  parishes;  (5)  the 
exemption  of  property  from  taxation;  (6)  the  fixing  of 


2O2  CIVIL    GOVERNMENT    OF    LOUISIANA 

the  rate  of  interest;  (7)  the  management  of  public 
schools,  or  the  building  of  school  houses  or  the  raising 
of  money  for  such  purposes.  Upon  the  subjects  thus 
enumerated  only  general  laws  or  laws  affecting  the 
whole  State  may  be  enacted.  Upon  subjects  not 
enumerated,  special  laws  may  be  passed,  provided 
that  notice  thereof  has  been  published  for  thirty  days 
in  the  district  concerned. 

3.  It  is  specially  provided  that  no  money  shall  be 
appropriated  to  any  churches,  sects,  or  denominations 
of  religion,  or  to  any  charitable  institutions,  except  to 
certain    charitable    institutions    of    the    State.      (See 
under    State    Institutions.)     The    first    part    of    this 
article,  together  with  Article  IV.  of  the  Bill  of  Rights, 
provides  for  the  complete  separation  of  church  and 
state.     All  churches    must    be   supported    by  private 
contributions. 

4.  Lastly,    the  General    Assembly   is  forbidden  to 
pass  any  law  by  which  the  State  shall  subscribe  to  or 
purchase  the  stock  or  capital  of  any  corporation,  or 
become  a  part  owner   in  any  kind  of  corporation  or 
private  enterprise.     This  is  regarded  as  a  wise  pro- 
vision to  prevent  the  State  from  pledging  its  name  in 
support  of  any  corporations  or  becoming  a  speculator 
in  the  stock  of  business  enterprises.     Before  1845  anc* 
during  the  Reconstruction  Period,  the  reader  of  Part  I. 
of  this    volume  will   remember,    Louisiana   incurred 
heavy  liabilities  by  pursuing  an  opposite  course. 

The  restrictions  thus  placed  upon  the  General 
Assembly  show  what  important  powers  that  body 
could  exercise  if  left  entirely  free. 


CHAPTER  XXXI 

THE  EXECUTIVE  DEPARTMENT 

257.  Composition  of  Executive  Department. — 
The  Federal  Constitution  vests  the  executive  power  of 
the  United  States  in  the  President,  who  appoints  all 
the    Cabinet    officers,    or    heads    in    the    Executive 
Departments,  and  thus  exercises  control  over  them. 
The  Constitution   of  Louisiana,  however,  makes  the 
Executive   Department  consist  of  the  Governor,  the 
Lieutenant-Governor,  the  Auditor,  the  Treasurer,  and 
the  Secretary  of  State.     As  each  of  these  is  elected  by 
the  people  and  there  is  no  responsibility  to  the  Gov- 
ernor, the  latter  official  does  not  occupy  so  important  a 
position  in  the  Executive  Department  as  the  President. 
Nevertheless,  though  the  Governor  does  not  control 
the  actions  of  the  other  members  of  the  Department, 
his  powers  are  so  much  greater  than  theirs  that  he 
easily  stands  out  as  the  most  prominent  figure  in  the 
State  government.     He  is  vested  by  the  Constitution 
with  the  supreme  executive  power.      It  is  very  neces- 
sary, therefore,  that  he  should  be  a  man  of  fine  judg- 
ment  and    sterling    honesty.     He   should    have   the 
interests  of  his  State  thoroughly  at  heart,  and  should 
be  fearless  in  the  discharge  of  his  duties. 

258.  Election  of  G-overnor  and  Lieutenant-Gov- 
ernor.— The  qualified  electors  of  representatives  to  the 
General  Assembly  vote  at  the  same  time  for  a  Gov- 
ernor and  a  Lieutenant-Governor.      The  returns  for 

203 


2O4  CIVIL    GOVERNMENT    OF    LOUISIANA 

these  officers  must  be  sealed  up  separately  by  the 
proper  officers  of  each  parish,  and  sent  to  the  Secre- 
tary of  State.  He  delivers  the  sealed  returns  to  the 
new  General  Assembly  meeting  in  joint  session,  who 
examine  and  count  the  votes.  The  person  receiving 
the  greatest  number  of  votes  for  Governor  is  declared 
elected;  but  in  case  two  or  more  persons  shall  be 
equal  and  highest  in  the  number  of  votes  cast,  one  of 
them  is  immediately  chosen  Governor  by  the  joint 
vote  of  the  members.  The  Lieutenant-Governor  is  to 
be  chosen  in  exactly  the  same  manner.  Both  officers 
serve  for  four  years.  The  Lieutenant-Governor  may 
succeed  himself  immediately;  but  the  Governor  may 
succeed  himself  only  at  the  expiration  of  one  or  more 
terms  after  the  term  for  which  he  has  served.  The 
salary  of  the  Governor  is  $5,000  a  year.  The  salary 
of  the  Lieutenant-Governor  is  given  below. 

259.  Qualifications. — Candidates    for    Governor 
and    Lieutenant-Governor    must    have   the   following 
qualifications:  (i)  They  must  be  thirty  years  of  age,  (2) 
must  have  been  ten  years  citizens  of  the  United  States 
and  for  the  same  space  of  time  residents  of  the  State, 
and  (3)  must  not  have  held  any  office  under  the  United 
States  government  within  six  months  of  their  election. 

The  powers  and  duties  of  the  Governor  will  now  be 
enumerated. 

260.  Pardons   and    Commutations. — The  Gov- 
ernor has  power  to  grant  reprieves  for  all  offences 
against  the  State;  that  is,  he  may  delay  the  execution 
of  all  sentences.     Except  in  cases  of  impeachment  or 
treason,  he  may,  upon  recommendation  of  the  Board 
of   Pardons  (composed   of  the   Lieutenant-Governor, 


THE    EXECUTIVE    DEPARTMENT  205 

the  Attorney-General,  and  the  Judge  of  the  Court 
before  which  conviction  was  had)  or  any  two  of  them, 
grant  pardons,  commute  sentences,  or  release  con- 
victed persons  from  fines  and  forfeitures.  While  he 
may  grant  reprieves  to  persons  convicted  of  treason 
until  the  end  of  the  next  session  of  the  General  Assem- 
bly, that  body  alone  has  the  power  of  pardoning 
treason.  In  cases  of  impeachment,*  there  is  no  par- 
doning power.  Hence  a  person,  convicted  of  treason 
by  a  jury  in  a  criminal  court,  could  be  pardoned,  but, 
if  convicted  by  impeachment  before  the  Senate,  could 
not  be  pardoned.  To  commute  a  sentence  is  to 
change  it  to  a  milder  one.  Treason  consists  in  levy- 
ing war  against  the  government  of  the  State  or  giving 
aid  or  comfort  to  its  enemies.! 

26  I .  Appointing  Power. — In  the  appointment  of 
public  officials  the  power  vested  in  the  Governor  is 
very  important.  He  nominates,  and  by  the  advice  and 
with  the  consent  of  the  Senate,  appoints,  all  officers 
whose  offices  are  created  by  the  Constitution  and 
whose  appointment  or  election  is  not  otherwise  pro- 
vided for.  Among  his  appointees  are  the  Justices  of 
the  Supreme  Court,  and  a  large  number  of  lesser 
officials.  By  the  Constitution  of  1852  the  Justices  of 
the  Supreme  Court  were  elected  by  the  people,  but  in 
more  recent  Constitutions  provision  is  made  for  their 
appointment  by  the  Governor.  This  provision  is 
doubtless  imitated  from  the  Federal  Constitution, 
which  requires  the  President  to  appoint  the  Justices  of 
the  Supreme  Federal  Court.  Of  course  there  is  a 

*  For  explanation  of  impeachment  see  page  244. 

f  For  further  account  of  Treason  see  Chapter  XXXVIII. 


206  CIVIL    GOVERNMENT    OF    LOUISIANA 

check  upon  the  Governor  in  that  his  nominations  must 
be  accepted  by  the  Senate,  but  generally  no  difficulty 
is  raised  by  this  body. 

262.  The  Militia. — The  Governor  is  commander- 
in-chief  of  the  militia  of  the  State,  except  when  it  is 
called  by  the  President  into  the  actual  service  of  the 
United  States. 

263.  Messages. — The  Governor  must   send  mes- 
sages from  time  to  time  to  the  General  Assembly  con- 
cerning  the    affairs    of    the    State,    and    recommend 
measures  to  their  consideration.      His  messages,  how- 
ever, have  no   binding  force  upon   the   action  of  the 
General   Assembly.      He   may  also  call   this  body  to 
meet  in  a  special  session  whenever  any  extraordinary 
occasion  arises. 

264.  Veto  Power. — When  a  bill  has  passed  both 
Houses  and  been  signed  by  the  Governor,  it   becomes 
a  law.     If,  however,  he  vetoes  it,  he  must  return  it 
with  his  objections  to  the  house  in  which  it  originated. 
It  may  then  be   passed  by  a   two-thirds  vote  of  the 
members  elected  to   each   house  and   become  a  law 
without  his  signature.      If  the  Governor  keeps  a  bill 
five  days  while  the  General  Assembly  is  still  in  session, 
it  becomes  a  law  just  as  if  he  had  signed  it.     If  the 
General  Assembly,    however,    has   adjourned    in    the 
meantime,  it  does  not  become  a  law.    When  the  Gov- 
ernor by  retaining  a  bill,  prevents  its  becoming  a  law, 
he  is  said  to  use  his  "pocket  veto."     (Note  the  differ- 
ence between  the  "  pocket  veto"  of  the  Governor  and 
that  of  the  Mayor  of  New  Orleans.)     It  has  often  been 
remarked   that  when  the  Governor  signs  or  vetoes  a 
bill  he  virtually  becomes  a  third  house  of  legislation; 


THE  EXECUTIVE  DEPARTMENT 

for,  in  one  case,  he  helps  to  make  a  law,  and  in  the 
other,  he  defeats  a  bill  which  cannot  obtain  a  two- 
thirds  majority.  Thus  far,  therefore,  the  Executive 
Department  is  not  kept  distinct  from  the  Legislative. 
The  veto  power  has  often  been  wisely  used  to  prevent 
hasty  legislation.  It  is  a  powerful  check  upon  the 
General  Assembly.  The  same  power  is  possessed  by 
the  President  of  the  United  States,  and  by  the  Gov- 
ernors of  all  the  States  except  three  (Rhode  Island, 
North  Carolina,  and  Ohio). 

All  orders,  votes,  and  resolutions  to  which  the 
concurrence  of  both  Houses  is  necessary  must  be  signed 
or  vetoed  by  the  Governor  as  in  the  case  of  bills.  An 
exception,  however,  is  made  in  favor  of  an  address  for 
removal  from  office,  a  vote  taken  on  a  question  of 
adjournment,  and  other  minor  questions. 

An  excellent  provision  in  the  Constitution  of  Louisi- 
ana is  that  the  Governor  may  approve  particular  items 
in  a  bill  appropriating  money  and  veto  others.  The 
vetoed  items,  to  become  law,  must  be  repassed  by 
two-thirds  of  the  members  elected.  If  this  provision 
did  not  exist,  the  Governor  would  be  compelled  to  veto 
a  whole  bill  in  order  to  defeat  a  single  improper  item, 
as  is  the  case  with  the  President  of  the  United  States. 

265.  Duties  of  the  Lieutenant-Governor. — (i) 
The  Lieutenant-Governor,  by  virtue  of  his  office,  is 
president  of  the  Senate,  but  he  has  only  a  casting  vote 
therein.  Whenever  he  uses  this  voting  power,  he  vir- 
tually becomes  a  member  of  the  Senate.*  (2)  In  case 

*  When  a  bill  has  not  received  a  majority,  it  is  already  lost;  so  that 
in  case  of  a  tie,  it  is  not  necessary  for  the  president  of  the  Senate  to 
vote  against  a  bill. 


2«8  CIVIL    GOVERNMENT    OF    LOUISIANA 

of  the  disability  of  the  Governor  to  perform  the  duties 
of  his  office,  his  place  is  taken  till  the  end  of  the  term 
by  the  Lieutenant-Governor,  and  the  president  pro 
tempore  of  the  Senate  becomes  Lieutenant-Governor. 
(3)  The  Lieutenant-Governor  is  a  member  of  the 
Board  of  Pardons.  His  salary  is  $1,500  per  annum; 
when  he  acts  as  Governor,  he  receives  the  salary  of 
that  official. 

266.  Other  Officials  of  the  Executive  Depart- 
ment.— The  Treasurer,  the  Auditor,  the  Attorney-Gen- 
eral, and  the  Secretary  of  State  are  elected  for  the 
same  term  as  the  Governor,  and  in  case  the  office  of 
any  one  of  them  is  made  vacant  by  death  or  otherwise, 
the  Governor,  with  the  advice  and  consent  of  the 
Senate,  fills  the  vacancy  until  the  next  election. 

(i.)  Secretary  of  State. — The  Secretary  of  State  is 
custodian  of  the  public  archives  and  of  the  Seal  of 
State.  In  his  office  are  preserved  the  originals  of  all 
laws  passed  by  the  General  Assembly,  and  it  is  his 
duty  to  make  public  official  copies  of  these  laws.  He 
is  required  to  compile  the  reports  of  the  various  depart- 
ments of  the  State  and  to  publish  them.  He  is  also 
the  official  Librarian  of  the  State.  As  we  shall  see 
later,  he  furnishes  the  official  ballots  and  receives  the 
returns  of  all  elections.  His  salary  is  $1,800.  The 
Secretary  of  State  has  authority  to  appoint  an  assist- 
ant, who  is  known  as  the  Assistant  Secretary  of  State. 
Whenever  the  Secretary  is  prevented  by  any  cause 
from  performing  his  duties,  or  whenever  he  chooses  so 
to  order,  the  Assistant  Secretary  has  authority  to  per- 
form all  the  duties  of  the  office.  He  is  removable  at  the 
pleasure  of  the  Secretary,  and  his  salary  is  paid  out  of 


THE  EXECUTIVE  DEPARTMENT         209 

the  appropriation  for  the  clerical  expenses  of  the  office 
of  Secretary  of  State. 

(2.)  Treasurer.  This  officer  has  the  care  of  all  the 
moneys  of  the  State.  He  is  required  to  give  bond  for 
the  faithful  discharge  of  his  duties.  His  books  must  be 
open  to  inspection  whenever  the  Governor  or  a  com- 
mittee of  the  General  Assembly  may  wish  to  examine 
them.  He  is  not  eligible  as  his  own  immediate  suc- 
cessor. His  salary  is  $2,000  per  annum. 

(3.)  Auditor  of  Public  Accounts. — This  officer,  as 
his  title  indicates,  is  the  official  bookkeeper  of  the 
State.  Among  his  manifold  duties  he  is  required  at 
each  regular  session  of  the  General  Assembly,  to  pre- 
sent a  full  statement  of  the  revenues  of  the  State, with 
such  plans  as  he  may  deem  expedient  for  the  support 
of  the  public  credit,  for  lessening  the  public  expenses, 
etc.  He  keeps  an  account  between  the  State  and  the 
Treasurer,  and  reports  to  the  Governor  quarterly  the 
amount  of  money  in  the  hands  of  the  Treasurer  belong- 
ing to  the  State.  Like  the  Treasurer,  he  gives  bond 
for  the  faithful  discharge  of  his  duties.  His  salary  is 
$2,500. 

(4.)  Attorney-General. — For  the  duties  of  this  of- 
ficer, see  under  Judiciary  Department,  Chapter  XXXII. 

267.  Succession  of  the  Office  of  Governor. — In 
the  event  of  the  removal,  impeachment,  death,  resig- 
nation, disability,  or  refusal  to  qualify  of  both  Gov- 
ernor and  Lieutenant-Governor,  the  President  pro 
tempore  of  the  Senate  acts  as  Governor  until  the  dis- 
ability be  removed  or  for  the  rest  of  the  term.  If  no 
President  of  the  Senate  has  been  chosen,  or  if  he  is 
prevented  from  acting  by  removal,  death,  resignation, 


2IO  CIVIL    GOVERNMENT    OF    LOUISIANA 

permanent  disability,  or  refusal  to  qualify,  his  place  is 
taken  by  the  Secretary  of  State.  Thus  ample  provi- 
sion is  made  to  prevent  the  office  of  Governor  from 
lapsing.  It  will  be  instructive  to  compare  this  provi- 
sion with  the  one  made  by  Congress  for  the  succession 
to  the  Presidency,  and  to  note  the  reason  for  the 
difference.* 

*  See  Hinsdale's  The  American  Government. 


CHAPTER   XXXII 

THE    JUDICIARY    DEPARTMENT* 

268.  Functions.     Division  of  Courts. — When  it 
is  remembered  that  to  the  judiciary   department  is 
given  the  power  to  interpret  the  meaning  of  the  laws, 
and  to  decide  whether  they  are  in  accord   with  the 
Constitution,  the  great  importance  of  this  department 
will  be  clearly  seen.      By  such  interpretation  juries  are 
greatly  influenced  and  the  course  of  justice  is  affected. 
Without  an  able  and  pure  judiciary  no  State  can  hope 
to  enjoy  real  prosperity.     As  the  work  to  be  done  by 
the  courts  is  great  and  of  various  kinds,  the  Constitu- 
tion of   Louisiana   provides   an   elaborate  system  of 
judicature.      It  declares  that  the  judicial  power  shall 
be  vested  in  a  supreme  court,  in  courts  of  appeal,  in 
district  courts,   and  in  courts  of  the   justices  of  the 
peace.     There   are  in  addition,  as  we  shall  see,  four 
city  courts  in  the  parish  of  Orleans. 

We  shall  first  describe  the  New  Orleans  system  of 
courts,  taking  the  lower  courts  first.  In  New  Orleans 
there  are  four  kinds  of  courts — recorders'  courts,  city 
courts,  district  courts,  and  a  court  of  appeal. 

269.  Recorders'  Courts. — The  present  law  pro- 
vides for  five  of  these  courts,  to  be  presided  over  by 
magistrates  who  need  not  be  attorneys  at  law.     Their 
jurisdiction  is  strictly  limited;  it  is  simply  to  enforce 
all  city  ordinances  by  trying,  sentencing,   and  punish- 

*The  Federal  courts  are  discussed  in  Part  III. 

211 


-212  CIVIL    GOVERNMENT    OF    LOUISIANA 

ing  persons  who  violate  the  same.  The  penalties 
inflicted  by  the  recorders  are  either  fines  or  imprison- 
ment. The  proceeds  of  all  fines  are  paid  into  the  city 
treasury  and  form  a  part  of  the  revenue  of  the  city. 
The  recorders  are  elected  for  four  years.  Their  sala- 
ries range  from  $i ,  500  to  $2, 500  a  year. 

27O.  City  Courts. — These  courts  are  four  in  num- 
ber, and  are  known  as  the  First  City  Court,  the  Second 
City  Court,  the  First  City  Criminal  Court,  and  the 
Second  City  Criminal  Court.  The  First  City  Court 
has  three  judges,  who  generally  preside  over  different 
rooms,  though  they  sit  together  for  the  purpose  of 
examining  the  bonds  furnished  by  the  clerk  and  the 
constable,  and  for  the  trial  and  removal  of  either  of 
these  officers.  The  judges  have  exclusive  original 
jurisdiction  when  the  defendant  resides  in  that  part  of 
the  city  on  the  left  bank  of  the  Mississippi,  and  when 
the  amount  in  dispute  or  the  fund  to  be  distributed 
does  not  exceed  $100,  exclusive  of  interest.  The  cases 
filed  in  the  court  are  allotted  equally  to  the  three 
judges,  and  all  cases  are  appealable  to  the  Court  of 
Appeal  for  the  parish  of  Orleans.*  The  judges  have 
also  authority  to  issue  marriage  licenses,  celebrate 
marriages,  execute  commissions,  and  take  testimony, 
receiving  therefor  the  fees  allowed  by  law.  The  court 
has  one  clerk  and  one  constable,  but  each  judge  may 
appoint  one  deputy  clerk,  and  each  constable  appoints 

*  Definition  of  terms.  Cases  are  appealable  when  they  may  be 
carried  to  a  higher  court  for  final  settlement.  A  court  has  original 
jurisdiction  over  cases  that  may  begin  in  that  court;  it  has  exclusive 
original  jurisdiction  over  cases  that  must  begin  in  it.  Two  courts 
have  concurrent  original  jurisdiction  over  cases  that  may  begin  in 
either  of  them. 


THE    JUDICIARY    DEPARTMENT  2 13 

such  deputies  as  may  be  necessary.  The  judges,  the 
clerk,  and  the  constable  are  elected  for  four  years  by 
the  voters  of  the  district  included  within  the  jurisdic- 
tion of  the  court.  Each  judge  receives  a  salary  of 
$2,400  a  year.  The  Second  City  Court  has  jurisdic- 
tion over  that  part  of  New  Orleans  lying  on  the  right 
bank  of  the  Mississippi.  Being  less  important  than 
the  First  City  Court,  it  has  only  one  judge;  but  in 
every  other  respect  it  is  like  that  court.  The  First 
City  Criminal  Court  and  the  Second  City  Criminal 
Court,  each  of  which  is  presided  over  by  one  judge, 
were  established  by  the  present  Constitution.  The 
territorial  jurisdiction  of  the  first  extends  over  the  first, 
fourth,  sixth,  and  seventh  municipal  districts  of  the 
city;  and  that  of  the  second  over  the  second,  third,  and 
fifth  districts.  They  try  and  punish,  without  juries 
and  subject  to  appeal  to  the  Criminal  District  Court, 
all  offences  against  the  State  where  the  penalty  does 
not  exceed  six  months'  imprisonment  in  the  parish 
jail,  or  a  fine  of  $300,  or  both.  In  all  other  cases  the 
judges  of  these  courts  have  jurisdiction  as  committing 
magistrates,  with  authority  to  bail  or  discharge 
accused  persons.  The  two  judges  are  elected  by  the 
voters  of  the  city  at  large  for  a  term  of  four  years. 
They  must  be  learned  in  the  law,  and  must  have  prac- 
ticed in  the  city  not  less  than  three  years.  Their  sal- 
ary is  $3,000  a  year. 

27  I .  District  Courts. — These  courts  are  two  in 
number,  viz.,  the  Civil  District  Court  and  the  Crim- 
inal District  Court.  The  first  has  five  divisions  and 
the  second  two;  thus  there  are  in  all  seven  judges. 
These  are  elected  by  the  voters  of  the  parish  of 


214  CIVIL    GOVERNMENT    OF    LOUISIANA 

Orleans  for  a  term  of  twelve  years,  and  receive  each 
an  annual  salary  of  $4,000.  The  Civil  District  Court 
has  a  wide  jurisdiction.  It  is,  first  of  all,  a  probate 
-court;  that  is,  it  receives  all  wills  and  sees  that  they 
are  recorded  and  their  provisions  executed.  It  has 
exclusive  original  jurisdiction  in  all  cases  where  the 
amount  in  dispute  or  the  sum  to  be  distributed  exceeds 
one  hundred  dollars,  exclusive  of  interest;  and  exclu- 
sive jurisdiction  in  suits  for  separation,  for  divorce,  for 
nullity  of  marriage,  or  for  interdiction;  and  in  suits 
involving  title  to  immovable  property,  or  to  office  or 
other  public  position,  or  to  civil  or  political  rights,  and 
in  all  proceedings  for  the  appointment  of  receivers  or 
liquidators  to  corporations  or  partnerships,  etc.  The 
Criminal  District  Court  has  exclusive  original  jurisdic- 
tion for  the  trial  and  punishment  of  all  offences  when 
the  penalty  of  death,  imprisonment  at  hard  labor,  or 
imprisonment  without  hard  labor  for  any  time  exceed- 
ing six  months,  or  a  fine  exceeding  $300  may  be 
be  imposed.  It  has  also  appellate  jurisdiction  in  all 
cases  tried  before  the  City  Criminal  Courts  or  the 
Recorders'  Court  of  New  Orleans.  Finally  it  exer- 
cises a  general  supervision  over  all  inferior  criminal 
courts  in  the  parish  of  Orleans,  with  the  authority  to 
issue  writs  of  Habeas  Corpus  and  such  other  writs  and 
orders  as  it  may  find  necessary.  To  the  judges  of  this 
court  as  well  as  to  those  of  the  Civil  District  Court  the 
various  cases  are  assigned  by  lot,  so  as  to  avoid  any 
danger  of  bribery  or  favoritism. 

272.  Court  of  Appeal. — This  court  is  known  as 
the  Court  of  Appeal  for  the  Parish  of  Orleans.  It 
holds  its  sessions  in  New  Orleans  from  the  2d  Monday 


THE    JUDICIARY    DEPARTMENT  21  £ 

in  October  to  the  end  of  the  month  of  June.  It  is 
composed  of  three  judges,  who  must  be  learned  in  the 
law,  and  must  have  practiced  their  profession  in  the 
State  for  six  years.  They  are  elected  for  a  term  of 
eight  years  by  the  qualified  voters  of  the  parishes  of 
Orleans,  Jefferson,  St.  Charles,  Plaquemines,  and  St. 
Bernard.  The  salary  is  $4,000  a  year.  The  Court  of 
Appeal,  with  certain  exceptions,  *  has  appellate  juris- 
diction only.  This  jurisdiction  extends  to  all  cases 
that  have  been  tried  in  the  City  Courts  of  New  Orleans 
(cases  involving  less  than  $100),  and  to  all  cases, 
civil  or  probate,  tried  in  the  courts  of  Orleans,  Jeffer- 
son, St.  Charles,  Plaquemines,  or  St.  Bernard,  in  which 
the  matter  in  dispute  or  the  fund  to  be  distributed 
exceeds  $100,  exclusive  of  interest,  and  does  not 
exceed  $2,000,  exclusive  of  interest.  As  will  be  shown 
later,  this  court  has  also  appellate  jurisdiction  in  cases 
where  certain  officials  have  been  tried  in  the  Civil 
District  Court  for  malfeasance  in  office,  high  crimes, 
etc.  No  judgment  can  be  rendered  by  the  court  with- 
out the  concurrence  of  two  judges.  When  for  any 
reason  two  judges  cannot  concur,  the  Court  must 
select  a  district  judge  or  judges  to  sit  in  the  case;  but 
in  appeals  from  the  City  Courts  of  New  Orleans,  the 
court  may  provide  by  rules  that  one  or  more  judges 
may  try  the  case. 

*  Besides  its  appellate  jurisdiction,  the  Court  of  Appeal,  like  the 
Criminal  District  Court,  has  the  power  to  issue  writs  of  habeas 
corpus  at  the  instance  of  all  persons  in  actual  custody  within  its 
circuit.  It  has  further  authority  to  issue  writs  of  mandamus,  pro- 
hibition and  certiorari  in  aid  of  its  appellate  jurisdiction.  (For 
explanation  of  these  legal  terms  see  "Jurisdiction  of  the  Supreme 
Court"). 


2l6  CIVIL   GOVERNMENT    OF    LOUISIANA 

273.  Court  Officers.— (i.)  Sheriffs.  Besides  the 
clerks  attached  to  all  the  courts,  the  Constitution 
provides  that  there  shall  be  a  civil  and  a  criminal 
sheriff  for  the  parish  of  Orleans.  The  former  executes 
the  writs  and  mandates  of  all  the  civil  courts  except 
the  City  Courts,  and  the  latter  does  the  same  for  all 
the  criminal  courts.  Both  officers  are  elected  by  the 
parish  of  Orleans  for  four  years.  The  criminal  sheriff 
receives  $3,600  a  year,  while  the  civil  sheriff  is 
paid  from  certain  fees  that  are  fixed  by  law.  Out  of 
these  fees  the  civil  sheriff  pays  his  deputies  and  the 
expenses  of  his  office,  but  the  salary  of  the  criminal 
sheriff  and  of  his  deputies,  as  well  as  the  expenses  of 
his  office,  are  paid  by  the  City  of  New  Orleans.  Both 
officers  are  required  to  give  bond  for  the  faithful  dis- 
charge of  their  duties. 

(2.)  Constables.  As  we  have  seen,  there  is  one 
constable  for  each  City  Court,  who  is  the  executive 
officer  of  that  court.  They  are  elected  for  four  years, 
and  are  paid  out  of  the  fees  of  the  office. 

(3.)  Recorder  and  Register.  In  order  to  secure  the 
rights  of  property,  the  Constitution  provides  that  there 
shall  be  a  recorder  of  mortgages  and  a  register  of  con- 
veyances for  the  parish  of  Orleans.  No  one  can  safely 
buy  a  piece  of  real  estate  unless  the  deed  conveying  it 
to  him  is  duly  recorded  by  the  register.  Mortgages 
must  be  recorded  in  the  same  manner.  Moreover, 
when  the  State  assesses  a  piece  of  real  estate  for 
taxation,  the  law  grants  it  what  is  called  a  privilege" 
or  claim  on  the  property  for  the  amount  of  the  taxes. 
When  the  taxes  are  paid,  the  owner  of  the  property 
must  take  his  receipt  to  the  recorder,  and  have  the 


THE   JUDICIARY   DEPARTMENT  2I/ 

4 'privilege"  canceled.  Otherwise  his  title  to  the 
property  is  not  clear.  The  recorder  and  the  register 
are  elected  for  four  years. 

(4.)  The  Coroner.  The  last  officer  to  be  mentioned 
is  the  coroner.  In  cases  of  death  where  a  murder  has 
been  committed,  or  is  supposed  to  have  been  com- 
mitted, the  coroner  is  called  in  to  view  the  body.  He 
impanels  a  jury  and  determines  as  well  as  he  can  the 
cause  of  the  death.  If  he  finds  that  a  murder  has 
been  committed  and  the  supposed  guilty  person  is  not 
in  custody,  he  may  have  him  arrested.  He  must 
return  to  the  proper  court  the  inquest  of  the  jury  and 
all  the  evidence  taken.  In  case  any  person  dies  with- 
out medical  attendance,  the  coroner  may  be  sum- 
moned to  give  a  certificate  that  the  death  was  natural. 
The  coroner  is  elected  for  four  years,  and  receives  a 
salary  of  $4,800.  He  appoints  two  assistants,  who, 
like  himself,  must  be  practicing  physicians  of  the  city, 
and  graduates  of  reputable  medical  colleges.* 

*  It  will  be  best  to  treat  the  office  of  district  attorney  of  the  parish 
of  Orleans  under  the  head  of  "District  Attorneys."  See  p.  225. 


CHAPTER   XXXIII 

COURTS  IN  OTHER  PARISHES  THAN  ORLEANS 

As  the  description  of  the  courts  in  the  parish  of 
Orleans  will  largely  apply  to  the  courts  in  the  other 
parishes,  this  part  of  our  subject  may  be  briefly  treated. 
The  differences  will  be  found  to  relate  chiefly  to  the 
matter  of  jurisdiction. 

274.  Justices  of  the  Peace. — These  magistrates 
are  elected  by  the  voters  within  the  territorial  limits 
of  their  jurisdiction.  When  a  parish  is  created,  it  is 
divided  into  justice  of  police  wards,  and  the  number 
of  justices  is  fixed  by  the  General  Assembly.  Their 
jurisdiction  embraces  both  civil  and  criminal  cases. 
They  have  exclusive  original  jurisdiction  in  civil  cases 
when  the  amount  in  dispute  does  not  exceed  fifty 
dollars  exclusive  of  interest,  and  original  jurisdiction 
concurrent  with  the  District  Court  when  the  amount 
exceeds  fifty  dollars,  exclusive  of  interest,  and  does  not 
exceed  one  hundred  dollars,  exclusive  of  interest. 
They  have  no  jurisdiction  in  succession  or  probate 
matters,  or  when  a  succession  is  a  defendant  in  a  suit, 
or  when  the  State,  parish,  or  any  municipality,  or 
other  political  corporation  is  a  party  defendant,  or 
when  title  to  real  estate  is  involved.  In  criminal 
matters  they  have  jurisdiction  as  committing  magis- 
trates, and  have  power  to  bail  or  discharge  in  cases 
not  capital  or  punishable  at  hard  labor.  Moreover, 
the  General  Assembly  may  invest  justices  of  the  peace 

218 


COURTS  IN  OTHER  PARISHES  THAN  ORLEANS  219 

in  general  or  in  any  particular  parish  or  parishes  with 
jurisdiction  over  misdemeanors  to  be  tried  with  a  jury 
-of  not  more  than  five  nor  less  than  three  persons,  and 
with  the  right  of  appeal  to  the  District  Court  in  all 
cases  that  are  not  specially  appealable  to  the  Supreme 
Court.  (Compare  the  jurisdiction  of  the  justice  of  the 
peace  court  with  that  of  the  several  City  Courts.) 

275.  District  Courts. — The  Constitution  provides 
that  there  may  be  in  the  State  not  less  than  twenty 
nor  more  than  thirty  judicial  districts,  the  parish  of 
Orleans  excepted,  and  it  lays  down  the  boundaries  of 
twenty-nine.  In  each  district  there  is  one  judge, 
except  in  the  twenty-first  (including  the  parishes  of 
Iberville,  West  Baton  Rouge,  and  Pointe  Coupe*e), 
where  there  are  two.  The  judges  are  elected  by  the 
voters  of  their  respective  districts  for  a  term  of  four 
years,  and  receive  salaries  that  vary  from  $2,000  to 
$3,000.  The  jurisdiction  of  these  courts  is  both  civil 
and  criminal.  They  have  original  jurisdiction  in  all 
civil  matters  where  the  amount  in  dispute  exceeds 
$50,  exclusive  of  interest,  and  in  all  cases  where  the 
title  to  real  estate,  or  to  office,  or  other  public  posi- 
tion, or  where  there  is  a  question  of  civil  or  political 
rights,  and  in  all  other  cases  where  no  specific  amount 
is  in  dispute  and  where  no  other  provision  has  been 
made.  They  have  unlimited  and  exclusive  original 
jurisdiction  in  all  criminal  cases,  except  such  as  has 
been  vested  in  the  other  courts  described;  and  in  all 
probate  and  succession  matters,  and  in  all  cases  where 
any  political  corporation  is  a  party  defendant;  and  in 
all  proceedings  for  the  appointment  of  receivers  and 
liquidators  to  corporations  and  partnerships.  Finally 


220  CIVIL    GOVERNMENT    OF    LOUISIANA 

these  courts  have  jurisdiction  of  appeals  from  justices 
of  the  peace  in  all  civil  matters  and  from  all  orders 
requiring  a  peace  bond.  Persons  sentenced  to  a  fine 
or  imprisonment  by  Mayors  or  Recorders  are  entitled 
to  an  appeal  to  the  District  Court  of  the  parish,  upon 
giving  security  for  fine  and  costs  of  court,  and  in  such 
cases  there  shall  be  a  new  trial  without  a  jury.  It  is 
to  be  noted  that  the  jurisdiction  of  these  courts  differs 
from  that  of  the  two  District  Courts  of  the  parish  of 
Orleans. 

276.  Courts  of  Appeal. — Outside  the  parish  of 
Orleans  there  are  five  Courts  of  Appeal,  one  in  each 
of  the  five  circuits  into  which  the  State  has  been 
divided.  Each  circuit  includes  several  parishes. 
Until  the  first  day  of  July,  1904,  each  Court  of  Appeal 
shall  consist  of  two  judges,  both  of  whom  shall  be 
assigned  to  their  duties  by  the  Supreme  Court.  One 
of  these  must  be  a  judge  of  a  District  Court,  and  the 
other  must  be  one  of  the  judges  of  the  Courts  of 
Appeal,  already  existing,  whose  terms  shall  not  have 
expired.  After  the  first  of  July,  1904,  the  Courts  of 
Appeal  must  be  composed  of  two  district  judges,  to 
be  from  time  to  time  designated  by  the  Supreme 
Court;  provided  that  district  judges  shall  not  be 
assigned  to  serve  as  members  of  the  Court  of  Appeal 
for  any  parish  within  their  own  districts,  and  pro- 
vided that  they  shall  be  paid  their  actual  and  neces- 
sary expenses  when  serving  as  judges  of  the  Courts  of 
Appeal.  The  Courts  of  Appeal,  with  the  same  excep- 
tions already  noted  for  the  Court  of  Appeal  in  the 
parish  of  Orleans,  have  appellate  jurisdiction  only. 
This  jurisdiction  extends  to  all  cases,  civil  or  probate. 


COURTS  IN  OTHER  PARISHES  THAN  ORLEANS  221 

in  which  the  matter  in  dispute  or  the  funds  to  be  dis- 
tributed shall  exceed  $100,  exclusive  of  interest,  and 
shall  not  exceed  $2,000  exclusive  of  interest.  It 
extends  also,  as  will  be  shown  under  the  head  of 
Impeachment  and  Removals,  to  cases  for  the  removal 
of  certain  officials  of  the  State.  No  judgment  can  be 
rendered  by  the  Courts  of  Appeal  without  the  concur- 
rence of  two  judges.  Whenever  the  judges  disagree, 
the  court  appoints  a  district  judge  or  a  lawyer,  having 
the  proper  qualifications,  to  sit  in  the  case.  In  case 
of  the  absence,  disability,  or  recusation  of  one  of  the 
judges,  the  other  judge  selects  another  judge  or  a 
lawyer  to  take  his  place.  (A  judge  recuses  himself  or 
refuses  to  serve  when  he  has  an  interest  in  the  case.) 

The  Courts  of  Appeal  were  established  by  the  Con- 
stitution of  1879  to  relieve  the  Supreme  Court  of  the 
large  number  of  minor  cases  that  were  brought  before 
it. 

277.  The  Supreme  Court. — This  is  the  highest 
judicial  body  in  the  State.  Its  decisions  command 
the  respect  of  all.  Hence  a  seat  upon  the  Supreme- 
bench  is  eagerly  sought  by  the  most  distingushed 
lawyers. 

(i)  How  Composed.  The  court  is  presided  over  by 
one  chief  justice  and  four  associated  justices.  The} 
are  all  appointed  by  the  Governor  with  the  consent  of 
the  Senate  for  the  term  of  twelve  years.  As  the  first 
judges  under  the  Constitution  of  1879  were  appointed 
for  different  terms,  it  results  that  the  present  terms  do 
not  expire  at  the  same  time.  Hence  the  court  is  con- 
tinuous. The  object  of  this  arrangement,  as  was  noted 
in  such  cases  as  the  New  Orleans  school  board,  is 


222  CIVIL    GOVERNMENT    OF    LOUISIANA 

never  to  have  an  entirely  new  set  of  judges,  some 
being  always  present  who  are  acquainted  with  the 
duties  of  their  high  office.  The  salary  of  each  justice, 
including  the  chief  justice,  is  $5,000  a  year. 

(2)  Qualifications.     These  judges  must  be  citizens 
of  the  United  States  and  of  the  State;  they  must  be 
over  thirty-five  years  of  age;  they  must  be  learned  in 
the  law,  and  must  have  practiced  law  in  the  State  for 
ten  years  preceding  their  appointment. 

(3)  Districts  and  Appointment.     The    parishes   of 
the   State  are  so   grouped   by  the  Constitution  as  to 
form  four  Supreme  Court  districts.      From  the  district 
that  contains  Orleans  two  judges  are  appointed;  from 
each  of  the  others  one  judge  is  appointed,  making  five 
in  all. 

(4)  Sessions.     The   court  sits  in  New  Orleans  from 
the  first  Monday  in  November  to  the  end  of    June. 
Until  the  year   1894  the  court  sat  also  in  Shreveport, 
Monroe,  and  Opelousas;  but  in  that  year  the  General 
Assembly  confined  all  sessions  to  New  Orleans. 

278.  Appellate  Jurisdiction. — Except  in  certain 
cases  specified  below,  the  Supreme  Court  has  no- 
original  jurisdiction.  Its  appellate  jurisdiction,  how- 
ever, is  very  far-reaching.  It  extends  to  all  cases 
where  the  matter  in  dispute  or  the  fund  to  be  dis- 
tributed exceeds  $2,000  without  interest;  to  suits  for 
divorce  and  separation  from  bed  and  board,  and  to 
all  matters  arising  therein;  to  suits  for  alimony,  for 
the  nullity  of  marriage,  or  for  interdiction  (that  is, 
where  a  person  is  pronounced  insane  and  hence  inca- 
pable of  managing  his  business);  to  all  matters  of  adop- 
tion, emancipation,  legitimacy,  and  custody  of  children. 


COURTS  IN  OTHER  PARISHES  THAN  ORLEANS  223 

It  extends  still  further  to  suits  involving  homestead 
exemptions,  and  to  all  cases  in  which  the  constitu- 
tionality or  legality  of  any  tax,  toll,  or  impost,  or  of 
any  fine,  forfeiture,  or  penalty  imposed  by  a  municipal 
corporation  is  contested;  and  to  all  cases  wherein  an 
ordinance  of  a  municipal  corporation  or  a  law  of  the 
State  has  been  declared  unconstitutional.  Wherever 
there  is  a  question  of  constitutionality,  the  Supreme 
Court  is  the  guardian  of  the  Constitution,  and  in  such 
cases  the  appeal  on  the  law  and  the  facts  is  directly 
from  the  court  in  which  the  case  originated  to  the 
Supreme  Court.  Lastly  the  appellate  jurisdiction  of 
the  Supreme  Court  extends  to  criminal  cases  on  ques- 
tions of  law  alone  whenever  the  punishment  of  death 
or  imprisonment  at  hard  labor  may  be  inflicted,  or  a 
fine  exceeding  $300,  or  imprisonment  exceeding  six 
months  is  actually  imposed;  and  to  cases  for  the 
removal  from  office  of  certain  officers  of  the  State, 
i.e.,  members  of  the  State  Board  of  Appraisers,  rail- 
road commissioners,  district  attorneys,  clerks,  and 
sheriffs. 

In  all  these  cases  the  Supreme  Court,  if  it  ap- 
proves the  decisions  of  the  lower  courts,  affirms  them; 
if  it  disapproves,  it  reverses  or  amends  them;  but  no 
judgment  can  be  rendered  without  the  concurrence  of 
three  judges.  When  the  decree  has  been  sent  down 
to  the  lower  court,  it  is  made  the  decree  of  that  court 
and  is  executed. 

279.  Jurisdiction  other  than  Appellate. — (i) 
The  Supreme  Court  has  original  jurisdiction  in  trials 
to  remove  from  office  all  judges  of  the  courts  of 
appeal  and  of  the  district  courts  throughout  the  State. 


224  CIVIL    GOVERNMENT    OF    LOUISIANA 

(2)  It  has  exclusive  original  jurisdiction  in  all  matters 
touching  professional  misconduct  of  members  of  the 
bar,  with  power  to  disbar  (or  prevent  them  from  prac- 
ticing in  the  courts  of  the  State)  under  such  rules  as 
the  court  may  adopt.  (3)  The  court  and  each  of  its 
judges  have  the  power  to  issue  writs  of  habeas  corpus 
at  the  instance  of  all  persons  in  actual  custody  in  cases 
where  the  court  may  have  appellate  jurisdiction.  (4) 
It  has  power  to  issue  writs  of  certiorari,  prohibition, 
mandamus,  quo  warranto,  and  other  remedial  writs. 
A  writ  of  certiorariis  an  order  directing  the  judge  of 
a  lower  court  to  send  up  to  a  higher  court  a  certified 
copy  of  the  proceedings  in  any  case.  A  writ  of  prohi- 
bition is  an  order  addressed  to  the  judge  of  a  lower 
court,  forbidding  him  to  proceed  in  the  trial  of  a 
certain  case  on  the  ground  that  he  has  no  jurisdiction. 
A  writ  of  mandamus  is  an  order  addressed  to  an  indi- 
vidual, corporation,  or  court  directing  the  performance 
of  some  duty  that  has  been  neglected.  A  writ  of  quo 
warranto  is  an  order  addressed  to  a  person  who  claims 
or  usurps  an  office  in  a  corporation,  inquiring  by  what 
authority  he  claims  or  holds  such  office.  (5)  The 
Supreme  Court  has  control  and  general  supervision  of 
all  inferior  courts. 

28O.  The  Attorney-General.  —  The  Attorney- 
General  of  the  State  is  elected  every  four  years  by 
the  qualified  voters  of  the  State  at  large.  He  must 
have  resided  in  the  State  and  practiced  law  for  five 
years  preceding  his  election.  He  is  authorized  and 
empowered  to  institute  and  prosecute  all  suits  he  may 
deem  necessary  for  the  protection  of  the  interests  and 
rights  of  the  State.  He  is  also  the  legal  adviser  of  all 


COURTS  IN  OTHER  PARISHES  THAN  ORLEANS  225 

the  officers  of  the   State  government.      His  salary  is 
$3,000  a  year. 

281.  District  Attorneys. — In    each   judicial    dis- 
trict of  the  State,  including  the  parish  of  Orleans,  a 
District  Attorney  is   elected    by  the  qualified  voters. 
Except  in  Orleans  the  District  Attorneys  must  attend 
the  sessions  of  their  respective  courts,  and  represent 
the  State  in  all  civil  and  criminal  actions.      They  also 
conduct  all  suits  brought  by  the  parish  school  boards 
or  the  police  juries.     In  the  parish  of  Orleans  the  Dis- 
trict Attorney  and  his  assistants  prosecute  all  criminal 
cases  coming  before  the  criminal    courts;  but  in  all 
civil  suits  to  which  the  State  is  a  party,  and  in  all 
criminal  suits  before  the  Supreme   Court,  the  State  is 
represented    by  the   Attorney-General.       It    must  be 
understood  that  the  State  prosecutes  all  crimes  com- 
mitted within  its  limits,  and  it  may  bring  a  civil  suit 
against  any  individual;   but,  as  it  is  a  sovereign  body, 
it  cannot  be  sued  except  by  permission  of  the  General 
Assembly.     The   salary  of    the    District   Attorneys  is 
only  $1,000  a  year;    but  in   order  that  they  may  be 
diligent    in    the    discharge    of    their    duties,  they  are 
allowed  a  fee  in  criminal  cases  whenever  they  obtain 
a  conviction. 

282.  Clerks  of  Court. — Except  in  the  parish  of 
Orleans  there  is  a  clerk  of  the  district  court  in  each 
parish,  who  is  ex  officio  clerk  of  the  court  of  appeals. 
He  is  elected  for  four  years.     Besides  his  other  duties, 
he  is  the  parish  recorder  of  conveyances,  mortgages, 
and  other  acts,  duties  which,  as  we  have  seen,   are 
performed  by  special  officers  in  Orleans. 

283.  Sheriffs. — Outside    of    Orleans    each  parish 


226  CIVIL    GOVERNMENT    OF    LOUISIANA 

elects  one  sheriff  for  a  term  of  four  years.  The  duties 
of  the  sheriff  are  manifold.  He  arrests  criminals, 
conveys  convicts  to  the  penitentiary,  and  executes  the 
writs,  summonses,  and  decrees  of  all  the  courts  except 
those  of  the  justices  of  the  peace.  He  is  also  ex 
officio  tax  collector  of  the  parish,  an  office  that  is  not 
held  by  either  of  the  city  sheriffs.  The  salaries  of 
sheriffs  vary.  They  are  allowed  to  receive,  for  their 
services  in  criminal  matters,  as  high  as  $500  for  each 
representative  the  parish  may  have  in  the  house  of 
representatives,  and  aiso  five  per  cent  on  all  taxes 
collected  and  paid  over. 

284.  The  Coroner  and  the  Constable. — When- 
ever it  is  possible,  the  coroner  in  each  parish  must  be 
a  doctor  of  medicine,  licensed  to  practice.  His  duties 
in  the  parishes  are  very  similar  to  those  of  the  city 
coroner.  He  is  paid  by  fees.  Each  justice  of  the 
peace  court  has  a  constable,  who  is  the  executive 
officer  of  the  court.  He  is  elected  for  four  years. 


CHAPTER  XXXIV 

SUFFRAGE    AND    ELECTION 

285.  Suffrage. — One  of  the  most  important  rights 
conferred  by  the  State  is  the  right  of  suffrage.      It  is  a 
gift  not  from  the  Federal   Government  but  from  the 
State.      Hence  the  State   may  grant  it  to  such  of  its 
citizens  as  it   chooses.      To    this   there   is   only   one 
exception,  which  is  to  be  found  in  amendment  XV  to 
the  Constitution  of  the  United  States.     This  amend- 
ment, framed  since  the  Civil  War  for  the  protection  of 
the  colored  voter,  declares  that  ' '  the  right  of  citizens 
of  the  United  States  to   vote  shall  not  be  denied  or 
abridged   by  the   United  States  or  by  any  State  on 
account  of  race,  color,  or  previous  condition  of  servi- 
tude. "     With  this  exception,  therefore,  the  State  fixes 
such  qualifications  as  it  thinks  proper  upon  the  right 
to  vote.  *     Let  us   now  see  what  the  present  Consti- 
tution of  Louisiana  has  to  say  about  the  suffrage. 

286.  General  Qualifications. — With  certain  ex- 
ceptions to  be  stated  later,  every  male  citizen  of  the 
State  and  of  the  United  States,  native  born  or  natural- 
ized, not  less  than  twenty-one  years  of  age,  is  entitled 
to  vote  at  any  election  held  by  the  people  in  the  State, 
provided  he  possesses  the  following  qualifications: 

*  The  XlVth  amendment  further  declares  that  if  a  State  denies  the 
suffrage  to  citizens  twenty-one  years  of  age  except  for  rebellion  or 
other  crime,  the  basis  of  representation  for  that  State  in  Congress 
shall  be  reduced.  To  enforce  this  penalty,  however,  will  require  an 
act  of  Congress,  and  doubtless  it  will  never  be  enforced. 

227 


228  CIVIL    GOVERNMENT    OF    LOUISIANA 

(1)  He   must  have  been  an  actual  resident  of  the 
State  for  two  years,  of  the  parish  for  one  year,  and  of 
the  precinct  in  which  he  offers  to  vote  for  six  months 
next   preceding  the   election;  provided   that  removal 
from  one  precinct  to  another  in  the  same  parish  shall 
not  deprive   any  person   of  the   right  to  vote  in  the 
precinct  from  which  he  has  removed,  until  six  months 
after  such  removal. 

(2)  He  must  have  been  at  the  time  he  offers  to  vote 
legally  enrolled  as  a  registered   voter  on  his  personal 
application,  in  accordance  with  the  provisions  of  the 
Constitution  and  the  laws  of  the  State. 

(3)  He  shall  be  able  to  read  and  write,  and  shall 
show  his  ability  to  do  so,  when  he  applies  for  regis- 
tration, by  making  under  oath  a  written  application 
in  the  English  language.      If  he  is  unable  to  write  his 
application  in  the  English  language,  he  has  the  right, 
if  he  demands  it,  to  write  it  in  his  mother  tongue  from 
the  dictation   of  an  interpreter;  and  if  he  states  on 
oath  that  he  is  physically  unable  to  write  his  appli- 
cation, it  must  be  written  at  his  dictation  by  the  regis- 
tration officer  or  his  deputy.     The  application  form  is 
as  follows:   "  I  am  a  citizen  of  the  State  of  Louisiana. 

My  name  is    ,1  was  born  in  the  State 

(or  country)  of ,   parish  (or  county)  of 

,  on  the  .  .  day  of ,  in  the  year 

I  am  now  . .  years  . .  months,  and  .  .  .  days  of 

age.      I  have  resided  in  this  State  since    ,  in  this 

parish  since ,  and  in  precinct  No. ,  of 

ward  No.  . . . . ,  of  this  parish,  since  . . . . ,  and  I  am 
not  disfranchised  by  any  provision  of  the  Constitution 
of  this  State. ' ' 


SUFFRAGE    AND    ELECTION 

(4)  If  he  be  not  able  to  read  and  write,  he  shall  be 
allowed  to  register  and  vote,  if  he  makes  oath  before 
the  registration  officer  or  his  deputy  that  he  possesses 
the  qualifications  of   age,  residence,  and  citizenship, 
and  that  he  is  the  owner  of  property  assessed  to  him 
in  the  State  at  a   valuation  of  not  less  than    three 
hundred  dollars,  and  if  such  property  be  personal  only, 
that  all  taxes  on  it  have  been  paid. 

(5)  Even   if  he  lack  the  educational  and  property 
qualifications  stated  above,  the  suffrage  is  granted  to 
every  male  person  who  on  January  first,  1867,  or  at 
any  previous  date,    was   entitled   to  vote   under  the 
Constitution  or  statutes  of  any  State  of  the  Union, 
wherein  he  then  resided,  and  to  every  son  or  grandson 
of  any  such  person  not  less  than  twenty-one  years  of 
age  at  the  date  of  the  adoption  of  the  present  Consti- 
tution (May   1 2th,  1898).      Moreover,  no  male  person 
of  foreign  birth,  who  was  naturalized  prior  to  the  first 
day  of  January,  1898,  may   be  denied  the    right    to 
register  and  vote  by  reason   of  his  failure  to  possess 
the  educational  or  property  qualifications.     The  only 
condition  laid  upon  those  wishing  to  take  advantage 
of  this  section  is  that  they  shall  have  resided  in  the 
State  for  five  years  next  preceding  the  date  at  which 
they    apply    for    registration,    and    that    they    shall 
have  registered  before  September  first,    1898.     The 
avowed  object  of  this    section  is  to   prevent  colored 
persons   from    voting    unless    they    have    either    the 
educational  or  the  property  qualification;  for  it  will 
be  remembered    that  prior    to   January    first,     1867, 
such  persons  were  not  generally  entitled  to  vote.      If, 
however,  they  can  read  and  write,   or  possess  $300 


330  CIVIL    GOVERNMENT    OF    LOUISIANA 

worth  of  property,  they  enjoy  exactly  the  same  rights 
as  white  persons.  The  question  has  been  raised 
whether  or  not  this  section  violates  the  XVth  amend- 
ment of  the  Federal  Constitution,  but  it  has  not  yet 
been  brought  before  the  courts. 

(6)  Finally,  as  was  stated  under  the  head  of  public 
schools,  no  person  under  sixty  years  of  age  is  per- 
mitted to  vote  at  any  election  who  has  not,  in  addi- 
tion to  the  above  mentioned  qualifications,  paid  before 
the  end  of  the  year,  for  the  two  years  preceding  the 
year  in  which  he  offers  to  vote,  a  poll  tax  of  one  dollar 
per  annum,  to  be  used  in  aid  of  public  schools.  This 
provision,  however,  does  not  apply  to  persons  who  are 
deaf  and  dumb,  or  blind,  nor  to  persons  under  twenty- 
three  years  of  age  who  have  paid  all  poll  taxes  assessed 
against  them.  As  was  stated  above,  this  whole  sec- 
tion concerning  the  poll  tax  may  be  repealed  or  modi- 
fied by  the  General  Assembly  elected  in  the  year  1908. 
If  it  prove  satisfactory  to  the  people,  the  General 
Assembly  will,  of  course,  maintain  it. 

287.  Non- Voters. — The  ,  following    persons,    for 
very  obvious  reasons,  are  not  allowed  to  register,  vote, 
or  hold  any  office  in  the  State;  Those  who  have  been 
convicted  of  any  crime  punishable  by  imprisonment  in 
the  penitentiary,  and  who  have  not   been  afterwards 
pardoned  with  express  restoration  of  the  right  of  suf- 
frage; those  who  are  inmates  of  any  charitable  insti- 
tutions, except   the    Soldiers'  Home;    those   actually 
confined  in  any  public  prison;  all  interdicted  persons, 
and  all  persons  notoriously  insane  or  idiotic,  whether 
interdicted  or  not. 

288.  Women. — It  will  be  noticed  that  Louisiana, 


SUFFRAGE    AND    ELECTION  23! 

unlike  some  of  the  western  States,  has  not  conferred 
the  suffrage  upon  women.  This  is  true  of  ordinary 
elections,  but  the  present  Constitution  declares  that 
upon  all  questions  submitted  to  the  taxpayers,  as  such, 
of  any  municipal  or  other  political  subdivision  of  the 
State,  women  taxpayers  having  the  proper  qualifica- 
tions of  age  and  residence  shall  have  the  right  to  vote 
in  person  or  by  their  authorized  agents  without  regis- 
tration. For  instance,  as  we  have  seen,  women  may 
vote  when  a  special  tax  for  the  support  of  public 
schools  is  submitted  to  the  taxpayers.  The  Constitu- 
tion of  1898  was  the  first  to  grant  even  a  limited 
franchise  to  women.  It  certainly  seems  proper  that 
when  women  pay  taxes,  they  should  vote  whenever 
the  rate  of  taxation  is  in  question. 

289.  Residence  Defined. — To  be  a  resident  of  a 
State  one  must  have  a  domicile  in  that  State,  but  for 
the  purposes  of  voting  residence  is  specially  defined  by 
the  Constitution  as    follows:     "No    person   shall    be 
deemed  to   have  gained  a  residence  by  reason  of  his 
presence,  or   lost  it  by  reason   of  his  absence,  while 
employed  in  the  service,  either  civil  or  military,  of  this 
State  or  the  United  States;  nor  while  engaged  in  the 
navigation  of  the  waters  of  the  State  or  of  the  United 
States,  or  of  the  high  seas,  nor  while  a  student  of  any 
institution  of  learning."     This  article,  it  will  be  seen, 
provides  that,  under  certain  circumstances,  a  person 
may  claim  residence   in  a   State  though   he  is  absent 
from  it,  while  it  prevents  him  from  claiming  residence 
simply  because  he  is  present. 

290.  Qualifications  for  Office-Holding. — No  per- 
son is  permitted  to  hold  any  office,  State,  judicial,  or 


232  CIVIL    GOVERNMENT    OF    LOUISIANA 

other,  who  is  not  a  citizen  of  the  State  and  a  qualified 
voter  of  the  district  in  which  the  functions  of  the  office 
are  to  be  performed.  If  an  office-holder  changes  his 
residence  from  the  State  or  from  the  district  in  which 
he  holds  office,  his  office  is  thereby  vacated.  This 
provision  is  made  because  it  is  believed  that  a  resident 
of  a  State  or  district  will  have  the  interests  of  that 
State  or  district  more  at  heart  than  a  non-resident. 
In  England,  however,  members  of  Parliament  are  not 
compelled  to  reside  in  the  districts  which  they  repre- 
sent. It  has  been  maintained  by  some  writers  that 
for  certain  higher  offices  it  might  be  wise  to  introduce 
the  English  custom  into  the  United  States. 

29 1 .  Date  of  State  Elections. — State  elections 
are  held  every  four  years  on  the  Tuesday  next  follow- 
ing the  third  Monday  in  April,  but  the  General  Assem- 
bly may  change  this  date.      Parish  elections,  except  in 
New  Orleans,  must  always  be  held  on  the  same  day  as 
the  general  State  election.      In  the  parish  of  Orleans, 
as  we  have  seen,   the  elections  for  parish  and  city 
offices  are  held  on  the  same  day,  but  on  a  different 
date  from  that  of  State  elections. 

292.  Date  of  Federal  Elections. — The  date  for 
holding  the  election  to  choose  Congressmen  and  presi- 
dential electors  is  fixed   by  Federal  law.     In  all  the 
States  except  three  it  is  the  Tuesday  next  after  the 
first  Monday  in  November.     All   persons  qualified  to 
vote  for  representatives  to  the  General  Assembly  may 
also  vote  for  Congressmen  and  presidential  electors. 

293.  Election  Laws. — Outside  of   these  constitu- 
tional provisions,  the  general  management  of  elections 
is  left  to  the  General  Assembly,  and  this  body  passes 


SUFFRAGE  AND  ELECTION  233 

elaborate  laws  on  the  subject  of  registration  and  the 
method  of  casting  the  ballot.  Strict  laws  on  these 
subjects  are  very  necessary,  for  if  fraud  and  corrup- 
tion are  permitted  at  the  ballot-box,  elections  cease  to 
represent  the  will  of  the  majority  of  the  voters  and 
true  democratic  government  ceases  to  exist.  The 
necessity  for  some  kind  of  ballot  reform  has  been  felt 
for  many  years  in  Louisiana,  but  the  conditions  were 
unfavorable  and  nothing  was  done.  Just  previous, 
however,  to  the  year  1896,  the  subject  was  thoroughly 
discussed  throughout  the  State,  and  in  this  year  the 
so-called  Australian  system  was  adopted  by  the  Gen- 
eral Assembly.  In  1898,  the  General  Assembly,  with 
some  slight  changes,  re-enacted  the  law  of  1896.  As 
this  is  the  best  system  yet  devised  for  the  purification 
of  the  ballot,  there  seems  no  good  reason  why  fair 
elections  should  not  prevail  in  the  State.  Assuredly 
they  will  be  fairer  than  ever  before. 

294.  The  Australian  System  in  Louisiana. — The 
law  as  passed  by  the  General  Assembly  is  not  exactly 
the  same  for  New  Orleans  and  for  the  rest  of  the 
State.  In  cities  of  50,000  inhabitants  or  more  (New 
Orleans  is  the  only  one),  it  provides  for  the  regular 
Australian  system,  but  in  the  rest  of  the  State  for  a 
modified  form  of  the  same.  The  most  important  dif- 
ference, as  we  shall  see,  is  that  in  New  Orleans  each 
voter  is  required  to  prepare  his  ballot  in  a  separate, 
enclosed  booth. 

GENERAL    FEATURES 

(i.)  Printing  and  Distribution  of  Ballots. — All 
ballots  must  be  printed  at  the  expense  of  the 


234  CIVIL    GOVERNMENT    OF    LOUISIANA 

State,*  and  must  be  distributed  by  the  Secretary  of 
State.  Formerly  these  ballots  were  always  printed  and 
distributed  at  the  expense  of  the  political  parties  who 
nominated  the  different  candidates  or  of  the  candidates 
themselves.  In  any  case  they  could  be  seen  and 
marked  by  the  voter  before  he  entered  the  polling 
booth.  This  method,  however,  would  defeat  an  im- 
portant provision  of  the  Australian  system,  which  does 
not  permit  the  voter  to  see  his  ballot  until  he  has 
entered  the  polling  precinct.  The  object  of  this  pre- 
caution will  be  quickly  seen. 

(2.)  Form  of  Ballots. — The  official  ballot  must  con- 
tain the  names  of  all  the  candidates  that  have  been 
regularly  nominated  for  the  offices  specified  in  the 
ballot.  Just  over  the  list  of  names  of  each  political 
party  there  is  a  mark  or  device  adopted  by  that  polit- 
ical party.  If  the  voter  wishes  to  vote  a  straight 
ticket,  he  stamps  this  device.  If  he  wishes  to  choose 
his  candidates  from  the  different  political  parties,  he 
may  do  so  by  stamping  the  blank  spaces  opposite  to 
the  names  of  those  candidates. 

(3.)  Manner  of  Voting. — The  voter  must  present 
his  registration  paper  to  the  commissioners  in  charge. 
If  his  name  is  found  upon  the  official  list,  a  ballot  is 
given  to  him.  After  he  has  marked  the  names  of  the 
candidates  for  whom  he  wishes  to  vote,  he  folds  it  in 
such  a  manner  as  to  show  the  official  stamp  on  the 
back,  and  then  places  it  in  the  box  provided  for  that 
purpose.  If  the  voter  spoils  a  ballot,  he  may  have 

*  This  provision  does  not  apply  to  primary  elections  or  to  municipal 
elections  in  towns  having  less  than  2,500  inhabitants,  or  to  elections 
for  other  purposes  than  the  election  of  public  officers. 


SUFFRAGE    AND    ELECTION  235 

another.  If  he  spoils  this,  he  may  obtain  yet  another, 
making  three  in  all,  but  he  must  not  take  any  of  the 
spoiled  ballots  out  of  the  booth.  The  voter  must  mark 
his  ballot  without  assistance,  unless  he  proves  to  the 
presiding  commissioners  that  owing  to  blindness  or 
other  physical  disability  he  is  unable  to  do  so.  In 
that  case  he  may  have  the  assistance  of  two  of  the 
commissioners. 

(4.)  Voting  Shelves.—  In  cities  of  50,000  inhabitants 
or  more  (New  Orleans  is  the  only  one),  enclosed  voting 
shelves  are  provided,  and  into  one  of  these  enclosures 
each  voter  must  go  alone  to  mark  his  ballot.  This 
secures  the  greatest  possible  secrecy  to  the  voter  in  the 
preparation  of  his  ballot.  In  cities  of  less  than  50,000 
inhabitants  and  in  the  parishes,  there  is  a  barrier, 
enclosing  a  space  thirty  feet  square  around  each  poll- 
ing place,  but  within  there  is  only  one  table  or  shelf 
provided  for  all  voters.  In  other  respects  the  law  is 
practically  the  same  for  the  whole  State. 

295.  Object  of  the  System, — The  main  object  of 
the  system  is  to  prevent  bribery  at  elections.      It  has 
been  found  that  the  ward  ' '  bosses  ' '  and  other  polit- 
ical leaders  will  not  attempt  to  bribe  a  voter  when  they 
cannot  see  how  he  has  marked  his  ballot.      With  all 
the  names  of  the  candidates  on  one  sheet  and  with  the 
enclosed  voting  shelves  they  can  never  be  certain  that 
the  voter  has  cast  his  ballot  as  he  has  been  paid  to 
cast  it.      Hence  with  the  appearance  of  the  Australian 
system  the  bribing  of  voters  tends  to  disappear.      The 
result  is  that  where  the  system  has  been  once  adopted, 
it  has  never  been  subsequently  rejected. 

296.  Boards  of  Supervisors   of  Elections. — In 


236  CIVIL    GOVERNMENT    OF    LOUISIANA 

each  parish  of  the  State  the  elections  are  managed  by 
a  board  of  supervisors.  In  Orleans  the  board  consists 
of  a  president  appointed  by  the  Governor,  the  regis- 
trar of  votes  for  the  parish,  and  the  civil  sheriff.  In 
the  other  parishes  it  consists  of  a  president  appointed 
by  the  Governor,  the  registrar  of  voters,  and  a  third 
member  elected  by  the  police  jury. 

297.  Commissioners. — These  boards  appoint  in 
Orleans  and  in  the  rest  of  the  parishes  three  commis- 
sioners as  officers  to  preside  over  the  election  at  each 
polling  booth.      As  far  as  possible  these  commissioners 
are  chosen  in  such  a  manner  as  to  represent  the  dif- 
ferent   political    parties    making  nominations.     They 
see  that  only  legal  voters  cast  their  ballots  and  that  a 
fair  count  of  the  votes  is  made.      In  case  they  fail  to 
perform  their  duties,  they  are  liable  to  severe  penal- 
ties. 

298.  Count  of  Ballots.     Returns. — As  soon  as 
the  polls  are  closed,  the  counting  of  the  ballots  begins, 
and    is    continued    without    delay    until    completed. 
Three  tally  sheets  are  kept,  which  contain  a  full  record 
of  all  the  votes  cast.      When  the  last  ballot  has  been 
recorded,  the   officers  of  election   must  make  out,  in 
triplicate  form,  compiled  statements,   containing  the 
number  of  votes  cast  for  each  candidate  for  national, 
State,   parochial,  or  municipal   offices,  together  with 
the  number  of  ballots  found  in  the  box,  the  number 
rejected  (if  any),  etc.    After  these  compiled  statements 
have  been  sworn  to  by  the  commissioners,  one  of  the 
tally  sheets  and  one  of  the  statements  must  be  deliv- 
ered to  the  Board  of  Supervisors  of  the   parish;  the 
second  tally  sheet  and  statement  must  be  forwarded 


SUFFRAGE  AND  ELECTION  237 

to  the  Secretary  of  State;  and  the  third,  together  with 
the  ballots  and  poll  list,  must  be  sealed  up  in  the 
ballot  box,  and  delivered  to  the  clerk  of  the  court,  by 
him  to  be  preserved  for  a  period  of  six  months. 

299.  Nomination  of  Candidates. — As  the  law 
allows  great  freedom  in  regard  to  nominations,  it  is 
not  difficult  for  any  political  party  or  any  independent 
body  of  voters  to  place  their  candidates  before  the 
people.  Consequently  a  wide  choice  is  generally 
given  to  the  voter.  In  substance  the  provisions  of  the 
law  are  as  follows: 

(1)  Any   convention    of    delegates    representing    a 
political  party  or  other  nominating  body  which  at  the 
preceding  State  election   polled  ten  per  cent  of  the 
total  vote  cast  in  the  State  or  district,  is  entitled  to 
issue  Certificates  of  nomination,  which  will  entitle  its 
candidates  to  places  on  the  official  ballot. 

(2)  Candidates  for  electoral  districts,  or  municipal, 
parish,  and  ward  offices  may  be  nominated  and  their 
names  placed  on  the  official  ballot,  without  conven- 
tions, by  means  of  nomination  papers.     These  papers 
must  be  signed  by  qualified  voters  to  the  number  of  at 
least  1,000  for  any  officers  to  be  voted  for  by  the  elec- 
tors of  the  State  at  large;    100  for  parish  or  municipal 
officers,  members  of  the  General  Assembly  and  Con- 
gress, and  25  for  ward  officers. 

These  nomination  papers  and  the  certificates  of  nom- 
ination by  conventions  must  be  filed  with  the  Secretary 
of  State  on  certain  specified  days  before  the  election. 
All  nominations  so  made  are  deemed  regular,  and  any 
objections  to  them  must  be  made  within  three  days. 
These  objections  are  passed  on  by  the  Secretary  of 


238  CIVIL   GOVERNMENT    OF    LOUISIANA 

State,  the  auditor,  and  the  treasurer,  who  also  serve 
as  a  board  to  decide  which  candidates  are  entitled  to 
the  name  of  Democrat,  Republican,  etc. 

3OO.  Registration  Law. — In  order  to  receive  a 
ballot,  the  voter,  as  has  been  said,  must  show  to  the 
commissioners  of  election  his  registration  paper,  which 
is  compared  with  the  roll  in  their  possession.  To  keep 
this  roll  free  from  fraudulent  names  has  been  found  to 
be  one  of  the  most  difficult  tasks  a  State  Legislature 
can  undertake.  This  is  especially  true  in  great  cities, 
like  New  Orleans,  where  there  is  a  large  floating  pop- 
ulation of  immigrants  who  are  frequently  registered 
illegally.  Yet  the  Australian  ballot  system  will  not  pre- 
serve the  purity  of  the  elections  if  those  who  have  no 
right  to  vote  are  permitted  to  put  their  names  on  the 
registration  roll.  Recognizing  this,  the  General 
Assembly  at  the  same  time  that  it  passed  the  ballot 
law,  also  passed  the  most  stringent  registration  law 
that  the  State  has  ever  had. 

SOI.  Provisions  of  the  Law. — (i)  Officers.  For 
the  parish  of  Orleans  there  is  a  supervisor  of  registra- 
tion, who  is  appointed  by  the  Governor,  with  the  con- 
sent of  the  Senate,  for  four  years.  This  officer  has 
general  charge  of  the  registration  books.  In  the  other 
parishes  the  same  duty  is  assigned  to  the  assessor  of 
taxes,  who  is  also  registrar  of  voters. 

(2)  New  Registration.  In  the  parish  of  Orleans  the 
supervisor  is  required  to  make  a  new  and  complete  regis- 
tration of  the  qualified  voters  every  two  years,  beginning 
on  the  first  of  January,  1899.  The  assessors  in  the 
other  parishes  must  perform  the  same  task  every  year 
in  which  a  general  State  election  is  held. 


SUFFRAGE    AND    ELECTION  239 

(3)  Application.      (See  paragraph  286). 

(4)  Penalty  for  False  Oath*   Any  person  who  makes 
a    false    oath    for   the   procuring  of    a    certificate    of 
registration,    naturalization,    or  declaration  of  inten- 
tion to  become  a  citizen  shall  be  guilty  of  a  felony, 
and    upon  conviction  shall    be    fined  not    less    than 
$1,000  and  imprisoned  not  less  than  one  nor  more 
than  five  years.     Any  one  convicted  of  aiding  as  a  wit- 
ness or  otherwise  in  obtaining  such  a  certificate  shall 
receive  the  same  punishment. 

(5)  Purification  of  the  Rolls.      The  supervisor  and 
the  assessors  throughout    the  State  are  required   to 
erase  names  from  the  books  of  registration  in  the  fol- 
lowing cases. — When    they    know    of    the    death    or 
removal  of  the  person  registered;  where  the  insanity 
of  a   person    registered   is  legally   established  ;    upon 
reliable    information  that   the    person   registered  has 
been  convicted  of  felony.      Persons  who  are  entitled 
to  be  registered,   but  whose  names  have  been  erased 
because  of  their  removal,  etc.,   may  obtain  new  regis- 
tration certificates. 

3O2.  The  Sixteenth  Sections. — In-  order  to  under- 
stand this  subject,  we  must  remember  that  in  all  the 
States  but  the  original  thirteen,  and  those  made  from 
them  and  Texas,  the  wild,  uncultivated  lands  once 
belonged  to  the  nation,  and  are  called  public  lands. 
These  States,  twenty-six  in  number,  are  sometimes 
called  the  public  land  States.  The  public  lands  Con- 
gress caused  to  be  surveyed  into  townships,  six  miles 
square,  and  these  to  be  divided  into  thirty-six  sections, 
each  one  mile  square,  numbered  as  shown  in  the  dia- 
gram below.  Furthermore,  in  disposing  of  the  lands, 


240 


CIVIL   GOVERNMENT    OF    LOUISIANA 


Congress  early  adopted  the  plan  of  setting  apart  or 
reserving  section  no.  16  in  every  township  for  the  sup- 
port of  common  schools.  This  was  done  in  Louisiana 
when  the  State  came  into  the  Union  in  1812.  Many  of 
the  school  sections  have  been  sold,  and  the  proceeds 
invested  in  the  bonds  of  the  State  which  pay  four  per 
cent,  interest  to  the  townships  concerned.  In  the 
States  admitted  to  the  Union  since  1848,  section  no. 
36  has  also  been  set  apart  for  the  same  purpose. 

A    CONGRESSIONAL    TOWNSHIP* 


6 

5 

4 

3 

2 

1 

7 

8 

9 

]0 

11 

12 

18 

17 

16 

15 

34 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

*  The  location  of  the  townships  in  Louisiana  can  be  seen  on  the 
official  map  of  the  State.    (Hardee's.) 


CHAPTER  XXXV 

THE    MILITIA 

303.  How  Established. — In  discussing  the  Bill 
of  Rights,  we  found  it  provided  that  a  well  regulated 
militia  being  necessary  to  the  security  of  the  State,  the 
right  of  the  people  to  keep  and  bear  arms  (not  con- 
cealed)   cannot  be  taken   away.      The    Constitution 
further  declares  that  the  General  Assembly  shall  have 
authority  to  determine  how  the  militia  of  the  State 
shall  be  organized,    trained,    equipped,   etc.,    and  of 
whom  it  shall  be  composed.     Accordingly  the  General 
Assembly    has     passed    laws    governing   the    militia 
throughout  the  State. 

304.  Composition  of  the  Militia. — The  militia  is 
composed  of  all  the  able-bodied  male  citizens  of  the 
State  between  the  ages  of   18  and  45,   who  are  not 
exempted  by  the  laws  of  the  United  States  or  of  Lou- 
isiana.     Persons  exempted  from  service  in  the  State 
militia  are: — (i)  All  persons  in  the  army  and  navy  of 
the  United  States  who  are  exempt  from  service  in  the 
militia  by  the  laws  of  the  United  States.     (2)  Every 
person  who,  by  reason  of  physical  disability,   may  be 
unfit  for  the  performance  of  military  duty,  and  who  can 
produce  a  physician's  certificate  to  that  effect.    (3)  All 
idiots,  lunatics,    and  convicted  felons  not  pardoned. 
(4)  All  clergymen,  and  the  judges  of  the  various  courts 
during  their  terms  of  service.     The  Constitution  also 
declares  that  the  General  Assembly  may  exempt  the 

241 


242  CIVIL    GOVERNMENT    OF    LOUISIANA 

members  of  religious  societies  whose  tenets  forbid 
them  to  bear  arms,  provided  such  persons  pay  a 
money  equivalent  for  their  services.  The  uniformed 
militia  force  of  the  State  is  organized  by  the  Gov- 
ernor, whenever  practicable,  in  all  the  parishes,  and 
is  known  as  the  Louisiana  State  National  Guard 

305.  Comrnander-in-Ghief. — The     Governor     is 
commander-in-chief  of  all  the  militia,  and  holds  the 
rank  of   lieutenant-general.      He  is  entitled  to  the  fol- 
lowing staff  officers:     One   adjutant-general  with  the 
rank  of    major   general;  one   inspector   general,    one 
quartermaster  general,  one  surgeon  general,  one  com- 
missary general,    one    chief   of    ordnance,    one    judge 
advocate   general,   each  with  the  rank  of    brigadier- 
general;  one  inspector  general  of   rifle  practice;  one 
chief  signal    officer;  and  as  many  aids-de-camp  with 
the  rank  of  colonel,  lieutenant-colonel,  and  major,  as 
he  may  see  fit  to  appoint. 

306.  Services    of    the    Militia. — The     enrolled 
militia  of  the  State  is  subject  to  no  active  duty  except 
in  cases  of  war,  invasion,  the  prevention  of   invasion, 
the  suppression  of  riots,  or  when  the  civil  officers  are 
to  be  aided  in  the  execution  of  the  laws  of  the  State. 
In  such  cases  the  Governor,  as  commander-in-chief, 
may  order  out  for  active  service,  by  draft  or  other- 
wise,  as  many  of    the  militia  as  necessity  demands. 
As  a  general  rule,  however,  the  Governor  employs  only 
those  militia  companies  that  have  already  been  enrolled 
in  the  State. 

307.  Pay  of  the  Militia. — When    not   in    active 
service,  neither  the  officers  nor  the  men  receive  either 
rations  or  pay.     But  when  called  into  active  service, 


THE    MILITIA  243 

the  officers  receive  the  same  pay  and  -allowances  as 
the  like  grades  in  the  United  States  army;  while  the 
enlisted  men  receive  double  the  pay  authorized  by  the 
United  States  army  regulations,  with  seventy-five  cents 
a  day  per  head  for  subsistence. 

308.  Exemption  from  Jury  Duty. — The  active 
uniformed   members  of  the   Louisiana  State  National 
Guard  are  exempt  from  all  jury  duty.     As  members  of 
the  jury  in  the  State  courts  of  Louisiana  are  paid  very 
little    for   their    services,    many  persons    are  anxious 
to    escape    jury  duty.      Hence    the    exemption    just 
mentioned    helps    to    swell    the    ranks  of   the   militia 
through  voluntary  enlistment. 

309.  National  Service. — The  militia  of  any  State 
may  be  called   into   the  service  of  the   United  States 
whenever  the  President  finds  it  necessary,  in  order  to 
execute   the    laws  of   the  Union,    to  suppress   insur- 
rection, or  to  repel  invasion.      Congress  provides  for 
such  emergencies.      When  in  the  national  service  the 
State  militia  is  subject  to  the  President  as  commander- 
in-chief;  but  it  cannot  be  sent  beyond  the  boundaries 
of  the  United  States. 


CHAPTER  XXXVI 

IMPEACHMENT    AND    REMOVAL 

As  the  various  officers  of  a  government  may  misbe- 
have themselves  during  their  terms  of  office,  every 
Constitution  provides  for  their  removal.  In  the  case 
of  the  more  important  officers  this  is  generally  accom- 
plished by  means  of  impeachment,  and  in  the  case 
of  the  minor  officers  by  trial  before  certain  courts. 
Every  officer  is  made  to  feel  that  at  all  times  he  is 
responsible  for,any  misconduct. 

3  I O.  Court  of  Impeachment. — Under  the  govern- 
ment of  the  United  States  the  senate  sits  as  a  court 
to  try  cases  of  impeachment  against  Federal  offices;  in 
Louisiana  the  State  senate  performs  the  same  duty  in 
the  trial  of  State  officers.  The  charter  of  New  Orleans, 
as  we  have  seen,  provides  that  a  selected  number  of 
the  council  shall  try  cases  of  impeachment  brought 
against  city  officers. 

311.  State  Officers  Liable  to  Impeachment. — 
The  officers  of  the  State  government  that  are  liable  to 
impeachment  are  the  governor,  lieutenant-governor, 
secretary  of  state,  auditor,  treasurer,  attorney  general, 
superintendent  of  public  education,  railroad  commis- 
sioners, and  the  judges  of  all  the  courts  of  record. 
(A  court  of  record  is  one  in  which  all  the  acts  and 
judicial  proceedings  are  enrolled  on  paper  or  parch- 
ment and  preserved.  In  Louisiana  the  term  embraces 
all  courts  except  those  of  the  justices  of  the  peace  and 
the  recorders.) 

244 


IMPEACHMENT    AND    REMOVAL 


245 


312.  Causes     of    Impeachment. — The    above- 
mentioned    officers  may  be   impeached   for  any  high 
crimes  or    misdemeanors,    for    non-feasance   or   mal- 
feasance in  office,   for  incompetency,  for  corruption, 
habitual  drunkenness,  etc. 

313.  Method   of    Impeachment. — All    impeach- 
ment proceedings   must  be  instituted  by  the  house  of 
representatives.       This    body   through    a    committee 
brings    the    necessary    charges     before    the    senate. 
When   trying  such  cases  the   senators    must  be  put 
upon  oath  or  affirmation   because  they  sit  as  a  jury. 
No  person  can  be  convicted  except  by  the  vote  of  two- 
thirds  of  all  the  senators    present.      A  jury  in  capital 
cases  must  be   unanimous,   but  in  cases  of  impeach- 
ment a  two-thirds  vote  of  the  senators  is  considered 
sufficient  both   under  the  Federal  and  the  State  Con- 
stitution.    When  the  governor  of  the  State  is  on  trial, 
the  chief  justice  or  the  senior  associate  justice  of  the 
supreme    court  must    preside   over  the  senate.      The 
object  of  this  provision  is  to  prevent  the  lieutenant- 
governor,  who  is  ex-officio   president,  from  presiding, 
as  he  is  the  legal  successor  of  the  governor  and  might 
be  interested  in  his  removal. 

3 1 4.  Suspension  from  Office. — All  officers,  except 
the   governor,    while    impeachment    proceedings    are 
pending  against  them,   are  forbidden  to  exercise  the 
functions  of  their  office,  and  temporary  appointments 
are  made  by  the  proper  authorities  to  fill  their  places. 

315.  Judgment. — In  case  a  two-thirds   majority 
cannot  be  obtained,  the  accused  is  set  free.      If  he  is 
convicted,  the  sentence  extends  only  to  removal  from 
office  and  disqualification  to  hold  any  office  of  trust  or 


246  CIVIL    GOVERNMENT    OF    LOUISIANA 

profit  under  the  State.  But  whether  acquitted  or 
convicted,  the  accused  person  is  liable  to  prosecution 
under  the  laws  of  the  State  for  any  criminal  offences 
charged  against  him  in  the  impeachment.  As  was 
noted  under  the  Executive  Department  there  can  be 
no  pardon  granted  in  a  case  of  impeachment. 

316.  Removals  without  Impeachment. — As 
impeachment  is  a  rather  cumbersome  proceeding,  the 
Constitution  provides  other  methods  of  removing  any 
official  of  the  State  from  office,  with  the  exception  of 
the  governor. 

1 i )  Removal  by  the  Governor.     While  the  governor 
is  removable  only  by  impeachment,   he  himself,    for 
any  reasonable  cause,  is  required  to  remove  any  officer 
of  the  State,  if  he  is  requested  so  to  act  by  an  address 
of  two-thirds  of  the  members  elected  to  each  house  of 
the  General  Assembly.      The  causes  for  such  removal 
must  not  only  be  stated  in  the  address,  but  must  be 
inserted  in  the  journal  of  each  house. 

(2)  Removal  by  the  Supreme  Court.     All  judges  of 
the  courts  of  appeal  and  of  the  district  courts  may  be 
removed  from  office  for  any  of  the  causes   mentioned 
a*bove  by  judgment  of    the  supreme  court,  which  has 
original    jurisdiction    in    such    cases.      The   suit    for 
removal  may  be  brought  by  the  attorney-general  or 
by  the  district  attorney  whenever  in  his  opinion  suf- 
ficient cause  exists;  and  it  is  the  duty  of  either  one  of 
these  officers  to  bring  such  suit  whenever  instructed 
by  the  governor  in  writing,  or  on  the  written  request 
or  information  of   twenty-five  citizens  who  are  tax- 
payers in  the  district  wherein  the  judge  exercises  the 
functions  of   his  office.      When  the  suit  is  brought  by 


IMPEACHMENT    AND    REMOVAL  247 

the  citizens  and  the  accused  is  acquitted,  they  must 
pay  all  costs. 

(3)  Removal  by  other  Courts.  — All  members  of  the 
State  board  of  appraisers  except  the  auditor,  all  rail- 
road commissioners,  district  attorneys,  clerks  of  court, 
sheriffs,  coroners,  justices  of  the  peace,  and  judges  of 
the  inferior  courts  of  New  Orleans  and  other  cities, 
and  all  other  parish,  municipal,  or  ward  officers,  may 
be  removed  by  judgment  of  the  district  court  of  the 
domicile  of  such  officers  (in  the  parish  of  Orleans,  the 
civil  district  court).  For  any  of  the  causes  enumer- 
ated above,  the  district  attorney,  except  when  the 
suit  is  brought  against  himself,  must  bring  suit  against 
any  of  these  officials  at  the  request  of  twenty-five  tax 
paying  citizens  in  the  case  of  all  except  ward  officers, 
and  of  ten  citizens  in  the  case  of  ward  officers.  A 
suit  against  the  district  attorney  must  be  brought  by 
the  district  attorney  of  an  adjoining  district  or  by  a 
lawyer  whom  the  judge  appoints  for  that  purpose. 

317.  Appeals  and  Suspensions.  —  From  the 
courts  that  try  the  latter  cases  an  appeal  is  granted. 
Cases  against  appraisers,  railroad  commissioners,  dis- 
trict attorneys,  clerks,  and  sheriffs  may  be  appealed  to 
the  Supreme  Court;  cases  against  all  other  officers  to 
the  Courts  of  Appeal.  While  a  suit  for  removal  is 
pending,  there  is  no  suspension  of  the  accused  from 
the  duties  of  his  office. 


CHAPTER  XXXVII 

TAXATION 

3 1 8.  Necessity  and  Justice  of  Taxation. — How 
to  establish  a  wise  and  efficient  system  of  taxation  is 
one  of  the  most  difficult  problems  with  which  the  gov- 
ernment of  any  country  has  to  deal.  No  perfectly 
satisfactory  system  has  yet  been  devised.  The 
methods  adopted  in  the  different  States  of  the  Union 
vary  considerably  as  to  details,  and  many  experiments 
have  been  tried.  That  every  government,  however, 
should  raise  enough  money  for  its  support  is  absolutely 
necessary;  without  the  taxes  levied  upon  the  people 
the  government  would  be  unable  to  maintain  itself 
except  by  borrowing;  nor  could  it  borrow  unless  it 
were  supposed  to  be  able  to  pay  the  interest  on  the 
loans.  The  prerogative  of  every  government,  there- 
fore, is  to  tax  the  people  over  whom  it  exercises  con- 
trol. Whether  a  man  recognizes  the  fact  or  not,  the 
government  under  which  he  lives  is  a  partner  in  his 
business.  His  life,  his  liberty,  and  the  possession  of 
his  property  are  possible  only  under  some  form  of 
government.  Acting  on  this  principle,  the  govern- 
ment can  justly  compel  any  one  possessing  property 
to  contribute  to  its  support,  or  if  he  has  no  property 
to  contribute  the  labor  of  his  hands.*  Nearly  all 

*For  example,  when  the  authorities  of  a  district  compel  the  resi- 
dents to  work  for  a  certain  number  of  days  on  the  public  roads  or  pay 
an  equivalent. 

248 


TAXATION  249 

intelligent  persons  admit  the  truth  of  this  proposition, 
but  many  years  ago  a  distinguished  writer  of  this 
country,  named  Thoreau,  held  a  different  theory.  He 
believed  that  if  he  did  not  approve  of  the  policy  of 
the  government,  he  ought  not  to  be  forced  to  contri- 
bute to  its  support.  The  officers  of  the  law,  however, 
did  not  take  the  same  view.  They  compelled  the 
payment  of  his  tax,  and  they  were  right.  If  for  no 
other  reason,  Mr.  Thoreau  should  have  paid  his  taxes 
because,  without  the  protection  of  the  government,  his 
property  might  have  been  taken  from  him,  and  he 
would  have  had  no  legal  redress.  It  may  be  added 
that  the  value  of  property  is  largely  due  to  this  same 
protection.  Unless  the  possession  of  it  can  be  secured 
-by  law,  property  is  not  desirable,  no  one  wishes  to 
purchase  it. 

3  1 9.  Basis  of  Taxation. — That  every  one  should 
contribute  to  the  government  ' '  according  to  his 
ability  ' '  seems  to  be  the  generally  accepted  principle 
of  taxation  among  modern  political  economists,  but  it 
is  so  difficult  to  estimate  a  man's  ability  in  any  system 
of  taxation,  that  the  principle  is  not  easy  to  put  into 
practice.  While  the  government  has  the  right  to  levy 
taxes,  it  should  be  held  strictly  responsible  for  the  use 
it  makes  of  the  money  thus  taken  from  the  people. 
The  funds  raised  by  taxation  should  be  carefully  and 
economically  spent  to  pay  the  necessary  expenses  of 
conducting  public  affairs  and  making  public  improve- 
ments. 

32O.     Federal  Taxation.* — It  will  aid  us  to  under- 

*  For  fuller  account  of  Federal  taxation,  see  Part  III. 


250  CIVIL    GOVERNMENT    OF    LOUISIANA 

stand-  the  subject  of  State  taxation,  if  we  examine 
briefly  the  system  adopted  by  the  Federal  Government 
for  its  own  support.  A  tax  has  been  very  properly 
defined  as  "an  exaction  or  charge  made  to  fill  the 
public  coffers  for  the  payment  of  the  debts  and  the 
promotion  of  the  general  welfare  of  the  country." 
Accordingly  the  Federal  Constitution  declares  that 
Congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imposts,  and  excises  [in  order]  to  pay  the  debts 
and  provide  for  the  common  defence  and  general  wel- 
fare of  the  United  States.  Duties  are  the  taxes  laid 
on  foreign  goods  at  the  custom  houses.  Imposts  is  a 
term  often  used  in  the  custom  house  instead  of  duties, 
but  it  is  also  sometimes  synonymous  with  taxes. 
Excises  are  taxes  laid  upon  articles  produced  within 
the  country,  such  as  tobacco,  whisky,  etc.  The 
income  of  the  Federal  Government,  therefore,  is 
derived  mainly  from  external  taxes  or  duties  on  im- 
ported goods,  and  from  excises  or  internal  revenue 
taxes  on  whisky,  tobacco,  etc.  These  are  often 
termed  indirect  taxes,  because  it  is  believed  that  the 
persons  by  whom  they  are  paid  can  always  shift  the  tax 
to  the  shoulders  of  the  consumer  by  making  him  pay 
a  higher  price  for  the  goods.  On  several  occasions, 
however,  Congress  has  also  levied  direct  taxes  which 
the  Federal  Supreme  Court  defines  as  poll  taxes, 
taxes  on  land,  or  taxes  on  incomes;  but  no  such  taxes 
are  laid  at  the  present  time.* 

32 1 .     Direct  Taxation  the  Only  Form  in  Louisi- 


*The  Federal  Government  derives  some  income  from  the  rent  or 
sale  of  public  lands. 


TAXATION  251 

ana. — If  the  theory  of  indirect  taxation  mentioned 
above  is  true,  the  inhabitants  of  Louisiana,  like  those 
of  other  States,  contribute  a  great  deal  indirectly  to 
the  support  of  the  general  government.  In  addition 
to  this,  however,  they  are  required  to  contribute  by 
direct  taxation  to  the  support  of  their  own  govern- 
ment. Many  persons  are  not  aware  that  they  are 
paying  any  other  kind  of  taxes  than  those  of  the  State 
in  which  they  live.  As  the  Federal  Constitution  gives 
Congress  entire  charge  of  foreign  commerce,  it  forbids 
a  State  to  levy  any  impost  or  duty  on  imported  or  ex- 
ported goods,  except  to  cover  the  expenses  of  inspec- 
tion laws.  Although  the  State  is  not  forbidden  to  lay 
excise  taxes,  such  taxes  are  not'  generally  laid  because 
they  would  duplicate  the  Federal  taxes.  *  It  will  be  seen, 
therefore,  that  every  State  must  adopt  the  only  form 
of  taxation  that  is  not  now  exercised  by  the  Federal 
Government,  i.e. ,  direct  taxation. 

322.  Limitations  on  Taxation. — In  Louisiana 
there  are  two  limitations,  one  of  objects  and  one  of 
rate. 

(i)  Objects. — The  Constitution  declares  that  the 
taxing  power  shall  be  exercised  only  to  carry  on  and 
maintain  the  government  of  the  State  and  the  public 
institutions  thereof;  to  educate  the  children  thereof; 
to  preserve  the  public  health;  to  pay  the  principal  and 
interest  of  the  public  debt;  to  suppress  insurrection 
and  to  repel  invasion  or  defend  the  State  in  time  of 
war;  to  provide  pensions  for  indigent  Confederate 


*  The  license  charges  imposed  in   Louisiana   (see  p.  259)  are  very 
similar  to  the  Federal  internal  revenue  taxes. 


252  CIVIL    GOVERNMENT    OF    LOUISIANA 

soldiers  and  sailors  and  their  widows;  to  establish 
markers  or  monuments  upon  the  battlefields  of  the 
country  commemorative  of  the  services  of  Louisiana 
soldiers  on  such  fields;  to  maintain  a  memorial  hall  in 
New  Orleans  for  the  collection  and  preservation  of 
relics  and  memorials  of  the  Civil  War;  and  for  the 
building  and  maintenance  of  levees. 

(2)  Rate. — The  Constitution  further  provides  that 
the  State  tax  on  property  for  all  purposes  shall  not 
exceed  six  mills  on  the  dollar  of  its  assessed  valuation, 
and  that  no  parish,  municipal,  or  public  board  tax  for 
all  purposes  shall  exceed  ten  mills.  To  the  latter 
clause,  however,  there  are  two  exceptions.  Municipal 
corporations,  parishes,  and  drainage  districts,  the  city 
of  New  Orleans  excepted,  when  authorized  by  a  vote 
of  a  majority  in  number  and  amount,  or  value,  of  the 
property  taxpayers,  voting  at  an  election  held  for  the 
purpose,  may  issue  bonds  to  pay  for  waterworks, 
sewerage  and  other  public  improvements,  and  may 
levy  a  special  tax  of  five  mills  to  pay  the  interest  on 
the  same;  and  under  a  similar  authorization,  any 
parish,  municipal  corporation,  ward  or  school  district 
may  levy  a  special  tax  in  excess  of  the  ten  mills  limit 
for  the  support  of  public  schools,  for  the  building  of 
school  houses,  and  for  other  permanent  improvements. 
It  will  be  seen,  therefore,  that  there  may  be  a  differ- 
ence between  the  rate  of  State  taxation  and  that  of 
parishes,  municipalities,  etc.  This  brings  out  the  dis- 
tinction between  local  and  general  taxes.  Parishes 
and  municipal  corporations  are  taxed  for  the*  support 
of  the  State  government;  but  the  Constitution  wisely 
provides  that,  under  certain  conditions,  they  may  also 


TAXATION  253 

tax  themselves  for  the  support  of  their  local  govern- 
ment and  for  such  public  improvements  as  they  may 
find  necessary. 

323.  Kinds  of  Direct  Taxes. — If  we  consider 
taxes  with  reference  to  the  objects  upon  which  they 
are  laid,  there  are  three  kinds,  viz.,  the  tax  on  indi- 
viduals (the  poll  tax);  the  tax  on  land  and  its  improve- 
ments (real  estate  or  immovables);  and  the  tax  on 
personal  property  (movables).  (i)  As  has  already 
been  stated,  the  poll  tax  is  levied  upon  every  male 
inhabitant  of  the  State  between  the  ages  of  twenty- 
one  and  sixty  years.  It  is  devoted  to  the  support  of 
public  schools  in  the  parishes  in  which  it  is  collected. 
If  a  person  has  no  property  assessed  against  him,  the 
Constitution  declares  that  the  collection  of  the  poll 
tax  cannot  be  enforced;  but  as  the  payment  of  the  tax 
is  required  of  voters,  it  is  widely  collected  even  where 
there  is  no  property.  (2)  The  tax  on  real  estate  or 
immovables  constitutes  the  chief  source  of  revenue  in 
the  State.  The  term  "real  estate "  includes  lands 
and  all  immovable  improvements  thereon,  such  as 
residences,  barns,  sugar  houses,  etc.  (3)  The  term 
"personal  property"  includes  a  great  variety  of 
objects,  such  as  (a)  horses,  cattle  and  other  live 
animals,  (b)  all  kinds  of  vehicles,  (c)  merchandise,  (d) 
watches  and  jewelry,  (e)  household  furniture  exceed- 
ing $500  in  value,  (f)  stocks,  bonds  and  all  other 
objects  possessing  monetary  value.*  The  tax  on 
certain  kinds  of  movables,  such  as  cattle  and  vehicles, 
which  can  be  seen  by  the  assessor,  is  easy  to  collect, 

*  United  States  bonds  and  those  of  the  State  of  Louisiana  are  non- 
taxable. 


254  CIVIL    GOVERNMENT   OF    LOUISIANA 

but  this  is  not  true  of  such  movables  as  stocks,  bonds, 
and  jewelry.  Here  the  assessor  must  rely  very  largely 
on  the  honesty  of  the  owners,  who  are  often  very  suc- 
cessful in  concealing  this  kind  of  wealth.  Hence  the 
tax  on  personal  property  brings  in  such  small  returns 
and  creates  such  inequalities  between  those  who  pay 
it  and  those  who  do  not,  that  it  has  been  seriously 
questioned  whether  it  would  not  be  better  to  abolish  it 
altogether. 

324.  Tax  on  Inheritances,  Legacies,  and  Dona- 
tions.— This  tax   has  already   been   explained   under 
Funds  for   Public   Schools.      It   will   be  remembered 
that  it  can  be  enforced  only  when  the  property  con- 
cerned has  not  previously  borne  its  just  proportion  of 
taxes. 

325.  Exemptions. — In  Louisiana  not  all  property 
is  liable  to  taxation.      Besides  public  property,  which 
from  its  very  nature   is   exempt,   the  framers  of  the 
Constitution  thought  proper  to  exempt  the  following 
kinds: 

(i.)  All  places  of  religious  worship  or  burial. 

(2.)  All  charitable  institutions. 

(3.)  All  buildings  and  property  used  exclusively  for 
colleges  or  other  school  purposes;  or  for  public  monu- 
ments or  historical  collections. 

(4.)  The  real  and  personal  estate  of  any  public 
library,  and  that  of  any  other  literary  association  used 
by  or  connected  with  such  library. 

(5.)  All  books  and  philosophical  apparatus,  and  all 
paintings  and  statuary  of  any  company  or  association 
kept  in  a  public  hall. 

In  order  that  there  may  not  be  any  abuse  of  this 


TAXATION  255 

exemption,  the  Constitution  expressly  provides  that 
the  property  so  exempted  shall  not  be  used  or  leased 
for  purposes  of  private  or  corporate  profit  or  income. 
Hence,  for  example,  an  educational  institution  must 
pay  taxes  on  any  of  its  property  which  is  not  in  actual 
use  for  school  purposes.  The  only  exception  to  this 
article  was  made  by  an  amendment  to  the  Consti- 
tution of  1879,  ratified  in  1884,  which  declares 
all  the  property  of  the  Tulane  University  of  Louisiana, 
whether  used  actually  for  school  purposes  or  leased 
for  the  support  of  the  University,  shall  be  exempt 
from  taxation.  If,  however,  this  property  ever  exceeds 
five  millions  of  dollars  in  value,  the  excess  will  be 
liable  to  taxation.*  This  amendment  is  recognized  as 
valid  by  the  present  Constitution. 

326.  Further  Exemptions. — (i.)  All  household 
property  to  the  value  of  $500  is  exempt  from  taxation. 
A  similar  exemption  is  found  in  a  number  of  other 
States.  Its  object  is  to  relieve  the  poorer  classes  who 
have  only  a  moderate  amount  of  household  property 
from  the  burden  of  taxation;  but,  of  course,  it  applies 
to  the  richer  classes  as  well. 

(2.)  Except  during  the  last  twenty-five  years,  the 
people  of  Louisiana  devoted  their  energies  almost 
entirely  to  agriculture;  there  were  but  few  manufac- 
tures in  the  State  except  for  the  making  of  sugar.  In 
order  to  encourage  the  rise  and  development  of  manu- 
factures, the  Constitution  of  1879  provided  that 
beginning  with  the  year  1880  certain  important  indus- 
tries should  be  exempt  from  all  taxation  for  a  period 

*  For  the  privileges  offered  by  the  University  to  the  people  of  the 
State  as  an  equivalent,  see  below  under  "State  Institutions." 


256  CIVIL    GOVERNMENT    OF    LOUISIANA 

of  twenty  years.  The  Constitution  of  1898,  without 
interfering  with  this  provision,  declares  that  there 
shall  be  exempt  from  parochial  and  municipal  taxation 
for  a  period  of  ten  years  from  January  I,  1900,  the 
capital,  machinery,  and  other  property  employed  in 
mining  operations,  and  in  the  manufacture  of  textile 
fabrics,  yarns,  rope,  cordage,  leather,  shoes,  harness, 
saddlery,  hats,  clothing,  flour,  machinery,  articles  of 
tin,  copper,  and  sheet  iron,  agricultural  implements, 
furniture,  and  other  articles  of  wood,  marble,  or 
stone;  soap,  stationery,  ink  and  paper,- boat  building, 
and  fertilizers  and  chemicals.  The  only  condition 
attached  to  this  exemption  is  that  not  fewer  than  five 
hands  shall  be  employed  in  any  one  factory. 

To  encourage  the  building  of  railroads,  the  Consti- 
tution further  provides  that  under  certain  conditions 
railroads  or  parts  thereof  constructed  prior  to  Janu- 
ary i,  1904,  shall  be  exempt  from  all  taxation  for  a 
period  of  ten  years  from  the  date  of  completion. 

327.  Taxations  for  Levees. — One  of  the  most 
important  objects  of  taxation  in  Louisiana  is  to  main- 
tain a  system  of  levees  and  thus  prevent  the  inundation 
of  the  rich  lands  of  the  State  in  times  of  high  water. 
Accordingly  the  Constitution  provides  that  a  general 
tax  of  one  mill  may  be  levied  on  all  the  taxable  prop- 
erty in  the  State  for  the  maintenance  of  levees.  As 
the  prevention  of  the  frightful  crevasses  that  have  from 
time  to  time  devastated  the  State  concerns  all,  all 
may  be  taxed  for  this  purpose.  This  tax,  however, 
must  fall  within  the  six  mills  levied  for  State  purposes. 


CHAPTER  XXXVIII 

ASSESSMENTS.       LICENSES.       HOMESTEADS 

328.  Importance  of  Assessments.— The  proper 
assessment  of  property  is  sometimes   a   matter  of  as 
great  importance  to  the  taxpayer  as  the  rate.      It  will 
be  easily  understood  that  a  low  rate  of  taxation  might 
be  as  burdensome  if  the  assessment  were  high,  as  a 
high  rate  would  be  if  the  assessment  were  low.     The 
Constitution  provides  that  the  assessment  of  property 
must  never  exceed  its  cash  value,  and  that  taxpayers 
shall  have  the  right  to  test  the  correctness  of  their 
assessments  before  the  courts  of  justice.     As  it  is  often 
quite  difficult,  however,  to  determine  the  cash  value 
of  property,    assessments   may  fall   much   below  the 
price  that  the  owner  would  accept.      In  other  cases 
they  may  represent  the  full  value  of  the  property.      If 
property  is  assessed   too   high,  the  owner  is  likely  to 
complain;  if  it  is  assessed  too  low,  he  is  not  likely  to 
say  anything. 

329.  Appointment  of  Assessors. — All  assessors 
in  Louisiana  are  appointed  by  the  Governor,  with  the 
consent  of  the  Senate,  for  four  years.     The  object  of 
selecting  assessors  in  this  manner  is  to  make  them  as 
far  as   possible   independent  in  the  discharge  of  their 
duties.      It  is  believed   that  this  independence  would 
be  greatly  impaired  if 'they  were  chosen  by  a  popular 
election.      Some  at  least  might  fail  to  discharge  the 
duties  of  their  office  strictly,  for  fear  they  would  not 
be  re-elected. 

257 


358  CIVIL    GOVERNMENT    OF    LOUISIANA 

33O  Number  and  Duties  of  Assessors. — One 
assessor  is  appointed  in  each  parish,  except  Orleans, 
in  which  there  seven  assessors,  one  from  each  munici- 
pal district.  The  assessor  sends  to  each  taxpayer  a 
list  of  the  various  kinds  of  property  taxable  by  law. 
Within  ten  days  the  taxpayer  may  return  this  list  with 
a  sworn  statement  of  what  property  he  possesses  and 
may  add  what  he  thinks  each  piece  of  property  is 
worth,  but  he  is  not  compelled  by  law  to  make  such 
returns.  As  soon  as  the  list  is  returned  the  assessor 
either  accepts  the  estimate  of  the  owner  or  makes  his 
own  estimate  of  what  'the  property  is  worth.  If  no 
list  is  returned,  the  assessor  finds  out  as  best  he  can 
what  property  the  taxpayer  has,  and  estimates  the 
value  thereof.  If  he  believes  that  an  incorrect  return 
of  property  has  been  made,  it  is  his  duty  to  add  a  list 
of  what  has  been  omitted.  The  assessors,  moreover, 
must  make  rolls  containing  a  description  and  valuation 
of  all  the  taxable  property  in  the  State. 

33 1 .  Valuation. — The  Constitution  declares  that 
the  valuation   put   upon  property  for  State   purposes 
shall  be  taken  as  the  proper  valuation  for  parish  and 
municipal  taxation.      A  single  valuation  of   all  prop- 
erty throughout  the  State  is  both  simpler  and  more 
economical. 

332.  Police  Juries  and  Assessments. — In  order 
to  obtain  a  fair  and  uniform  valuation,  the  police  jury, 
of  each  parish  (other  than  Orleans),  meets  on  the  first 
Monday   of   July  as  a    board  of  review  to    pass  on 
applications   for  reduction   and  to  examine  into  the 
fairness  of  all  assessments  that  have  been  made.      On 
the  total   assessment,  they  levy  taxes    at  a  rate  that 


ASSESSMENTS.        LICENSES.       HOMESTEADS         259 

will  defray  all  the   expenses   of  the   parish,  provided 
only  that  this  rate  shall  not  exceed  one  per  cent. 

333.  The  Orleans  Board. — In   Orleans,  the  City 
Council  sits  as  a  board  of  review,  though  it  may  dele- 
gate this  duty  to  a  committee,  known  as  the  "  Com- 
mittee on  Assessment. ' '      Between  the   first  and  the 
twentieth  of  March  taxpayers  may  appear  before  the 
Committee   and    demand    corrections.     As    was   said 
above,  whenever  a  taxpayer  who  has  made  the  proper 
returns  cannot  obtain  what  he  regards   as  justice,  he 
may  carry  the  question  into  court. 

334.  Special  Board  of  Appraisers. — The  Con- 
stitution of  1898  provides  that  there  shall  be  a  State 
Board  of  Appraisers,  composed  of  the   State  Auditor 
and  six  other  members,  to  be  elected  for  four  years  by 
the   Governor,    Lieutenant-Governor,    Treasurer,    At- 
torney-General, and  Secretary  of  State,  one  from  each 
Congressional  district,  whose  duty  it  shall  be  to  assess- 
the  property  belonging  to  corporations,  associations, 
and  individuals  employed  in  railway,  telegraph,  tele- 
phone,    sleeping    car,    and     express    business.      The 
assessments  of  property  made  by  this  board  are  final, 
unless  the   parties   interested  bring    suit   against    the 
board  and  have  the  assessments  changed  by  the  court. 

335.  Definition  of    a  License. — A   license   is    a 
charge  imposed  for  public  revenue  purposes  on  persons 
engaging    in    certain   trades,    occupations,    or  profes- 
sions.     In  some  cases  this- charge  is  fixed  at  so  much 
per  capita  ;  in  others   it   is  graded   according  to  the 
gross  annual  receipts  of  the  business.     A  parish  or  city 
may  levy  a  license  charge  on  the  same  classes  of  occupa- 
tions ;   but  it  must  never  exceed  the  State  license.    The 


260  CIVIL    GOVERNMENT    OF    LOUISIANA 

city  of  New  Orleans,  for  example,  imposes  a  license 
charge  of  the  same  amount  as  the  State  upon  all  the 
occupations  and  professions  that  are  licensed  by  the 
State. 

336.  Classes  of  Occupations  Licensed. — There 
is  a  great  variety  of  occupations  now  subject  to  this 
license  charge.      For  instance,  all  merchants,  all  pro- 
prietors of  hotels  and  places  of  amusement,  all  bank- 
ers, and  all  manufacturers  of  distilled  liquors,  tobacco, 
and  cotton  seed  oil.      Among  professional  persons  the 
following  must  pay  a  license  charge: — all  physicians, 
attorneys  at   law,    dentists,    oculists,    photographers, 
etc.      The  Constitution  forbids  the  General  Assembly 
to    levy    any    license    charge  upon    clerks,    laborers, 
clergymen,    school    teachers,    or  persons  engaged   in 
agricultural,  horticultural,  mechanical,  or  mining  pur- 
suits; or  upon  any  manufacturers  except  those  of  dis- 
tilled liquors,  tobacco,  and  cotton  seed  oil.  * 

337.  Homestead  Exemptions. — The  Constitution 
provides  that  the  homestead  actually  owned  and  occu- 
pied by  any  head  of  a  family  or  by  any  one  having  a 
father,  mother,  or  other  person  dependent  upon  him 
or  her,   shall  be   exempt,    under  certain   conditions, 
from  seizure  and  sale  for  any  debts  contracted  by  the 
owner.     The    benefit     of    this    exemption    may     be 
claimed  by  the  surviving  wife  of  the  owner,  or  by  his 
minor  children.     A  homestead  may  include  land  to  the 

*  The  manufacturers  of  cotton  seed  oil  have  been  so  prosperous 
that  it  was  not  thought  necessary  to  encourage  them  by  an  exemp- 
tion. No  exemption  is  ever  offered  to  manufacturers  of  liquors  and 
tobacco.  On  the  contrary  they  are  generally  taxed  heavily;  for  it  is 
believed  that  "vices  have  broad  backs."  Dealers  in  pistols  and  pis- 
tol cartridges  also  pay  a  special  license  to  the  State. 


ASSESSMENTS.       LICENSES.       HOMESTEADS         261 

extent  of  one  hundred  and  sixty  acres,  together  with 
the  buildings  and  appurtenances.  Under  the  same 
exemption  come  two  work  horses,  one  wagon  or 
cart,  one  yoke  of  oxen,  two  cows  and  calves,  twenty- 
five  head  of  hogs,  or  one  thousand  pounds  of  pork, 
whether  these  objects  be  attached  to  a  homestead  or 
not ;  and  on  a  farm,  the  necessary  quantity  of  corn 
and  fodder  for  the  current  year,  and  the  necessary 
farming  implements.  No  registration  of  homesteads 
is  required  ;  but  the  whole  amount  of  property 
exempted  must  never  exceed  the  value  of  $2,000. 

338.  Conditions. — To  hold  a  homestead  exempt 
the  owner  must  have  complied  with  the  following  con- 
ditions :  he  (or  she)  must  have  paid  the  purchase 
price  of  the  homestead  ;  he  must  have  paid  for  any 
labor  or  material  he  has  engaged  for  building  or 
repairing  it ;  he  must  have  paid  his  taxes  and  assess- 
ments ;  he  must  have  paid  over  to  the  proper  persons 
any  money  that,  as  a  public  officer  or  an  agent,  he 
may  have  collected ;  and  finally  he  must  have  no- 
debts  for  rent  resting  upon  his  property  as  security. 
If  he  has  discharged  all  these  obligations,  the  home- 
stead cannot  be  taken  from  him  by  any  other  credi- 
tors. It  is  to  be  noted,  however,  that  no  husband  can 
take  advantage  of  the  homestead  exemption  whose 
wife  owns  and  is  in  actual  enjoyment  of  property  to 
the  value  of  $2,000.  Moreover,  any  person  entitled 
to  a  homestead  may  waive  or  give  up  the  privilege  by 
signing  with  his  wife  and  having  recorded,  in  the  office 
of  the  recorder  of  mortgages  of  his  parish,  a  written 
waiver  of  the  same  ;  or  he  may  sell  his  homestead, 
subject  to  the  claim  of  his  creditors.  The  object  of 


262  CIVIL    GOVERNMENT    OF    LOUISIANA 

the  homestead  provision  in  the  Constitution  is  to  pre- 
vent families  in  which  there  are  dependent  persons 
from  losing  the  bare  means  of  subsistence  through 
ignorance  or  recklessness  in  contracting  debts.  It  is 
regarded  as  a  wise  provision. 


CHAPTER  XXXIX 

GENERAL    PROVISIONS    OF    THE    CONSTITUTION 

Under  this  head  are  enumerated  a  number  of  more 
or  less  important  articles  touching  a  variety  of  topics. 
Only  the  most  important  can  be  mentioned  here. 

339.  Treason    against      the      State. — Treason 
against  the  State  of  Louisiana  consists  only  in  levying 
war  against  it  or  adhering  to  its  enemies,   by  giving 
them  aid  and  comfort.      In  this  country  the  crime  of 
treason  is  always  very  carefully  defined,    because  for- 
merly in  England  so  many  different  kinds  of  actions 
were  construed  as  treasonable    that   men's  liberties 
were  never  safe.     The  Constitution   further  declares 
that  no  person  shall  be  convicted  of  treason  except  on 
the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  his  confession  in  open  court.     Thus  it  is  more 
difficult  to   prove   a  case  of  treason  than  any  other 
crime. 

340.  Federal  and  State  Treason. — The  treason 
clause  of  the  Louisiana  Constitution  is  borrowed  liter- 
ally from  the  Federal  Constitution,  which  provides  for 
treason  against  the  United  States  government.   When 
the    Federal    Constitution    was    framed    in     1787,     a 
motion  was  made  to  deny  to  the  various  States  the 
power   to    punish    treason,    but  it  was  voted   down. 
Hence  it  will  be  seen  that   it  is  possible  to  commit 
treason  either  against  the  Federal  or  against  the  State 
government.       Before  the  Civil  War,    the    Southern 

263 


264  CIVIL    GOVERNMENT    OF    LOUISIANA 

people  maintained  that,  as  a  State  had  the  power  to 
punish  for  treason,  they  owed  prime  allegiance  to  their 
respective  States,  and  must  follow  their  State  if  it 
seceded  from  the  Union.  Since  the  result  of  the  war, 
however,  practically  decided  that  a  State  cannot 
secede,  the  South  has  accepted  the  decision  of  battle 
and  no  longer  places  State  allegiance  before  Federal 
allegiance.  In  Louisiana  there  has  never  been  a  case 
of  treason  ;  but  in  Rhode  Island  in  1844,  T.  W.  Dorr 
was  convicted  of  treason  against  the  State  and 
imprisoned  therefor.* 

341.  Ex  Post  Facto  Laws  and  Obligation  of 
Contracts. — The  General  Assembly  can  pass  no  ex 
post  facto  law,  nor  any  law  impairing  the  obligation  of 
contracts.  ' '  An  ex  post  facto  law,  "  says  Chief  Justice 
Marshall,  ' '  is  one  which  renders  an  act  punishable  in 
a  manner  in  which  it  was  not  punishable  when  it  was 
committed."  In  the  United  States  the  phrase  ex 
post  facto  applies  to  criminal  laws  only,  t  The  injus- 
tice of  such  legislation  is  easily  seen.  It  is  not  sur- 
prising, therefore,  that  the  Federal  Congress  is  also 
prohibited  from  passing  ex  post  facto  laws.  A  large 
amount  of  the  business  of  the  world  is  transacted 
by  means  of  contracts  or  written  agreements.  If  laws 
could  be  passed  to  modify  or  weaken  the  binding  force 
of  these  contracts,  the  result  would  be  to  destroy  the 
confidence  that  is  so  essential  to  the  business  world. 
The  Federal  government  is  neither  forbidden  nor 
empowered  to  impair  by  law  the  obligation  of  its  own 

*  For  the  pardon  of  treason,   see  under   "Powers  of  the  Execu- 
tive," p.  205. 

f  The  American  Government. 


GENERAL    PROVISIONS    OF    THE    CONSTITUTION    265 

contracts.  It  would  seem  that  it  was  unnecessary  to 
insert  the  foregoing  provisions  in  the  State  Constitu- 
tion, for  the  Constitution  of  the  United  States 
expressly  forbids  any  State  to  enact  these  particular 
laws.  Hence  the  General  Assembly  could  not  exer- 
cise such  a  right,  even  if  it  were  not  forbidden  in  the 
State  Constitution.  It  would  be  pronounced  uncon- 
stitutional by  either  the  State  or  the  Federal  Courts. 
342.  Immunity  of  Private  Property. — Private 
property  cannot  be  taken  or  damaged  for  public  pur- 
poses without  just  and  adequate  compensation  being 
first  made.  It  frequently  becomes  necessary  for  the 
State  to  take  private  property  for  public  purposes. 
For  instance,  it  may  be  necessary  to  take  a  portion  of 
a  man's  land  to  build  a  public  road  or  a  court-house. 
No  one  can  refuse  to  give  up  the  land  required;  for 
the  government  can  seize  it  by  what  is  known  as 
the  right  of  "eminent  domain."  In  compensating 
persons  for  property  thus  taken  the  amount  paid  is 
the  supposed  cash  value  of  the  land.  If  there  is  any 
dispute,  a  jury  of  owners  of  real  estate  (freeholders) 
is  chosen  to  determine  the  value.  No  compensation, 
however,  is  allowed  to  riparian  proprietors,  outside  of 
New  Orleans,  for  land  taken  for  the  site  of  levees.  In 
cases  where  compensation  was  demanded,  the  courts 
have  held  that  as  the  owners  of  land  fronting  on  the 
river  were  required  in  the  original  French  and  Spanish 
grants  to  build  their  own  levees,  the  present  owners 
cannot  justly  claim  any  damages,  now  that  the  State 
and  the  Federal  Government  undertake  the  task  of 
caring  for  the  levees.  In  New  Orleans  compensation 
has  been  granted  to  persons  for  certain  pieces  of 


266  CIVIL    GOVERNMENT    OF    LOUISIANA 

property  which  did  not  originally  front  upon  the  river, 
and  which  were  seriously  damaged  by  the  building  of 
a  new  levee,  and  the  present  Constitution  specially 
provides  that  in  the  city  of  New  Orleans  any  person 
whose  property  has  been  appropriated  by  the  levee 
board  for  levee  purposes  may  sue  the  board  for  the 
value  of  the  property.  No  claim,  however,  for  com- 
pensation can  be  made  if  the  land  appropriated  is  bat- 
ture  property  (made  by  accretions  of  the  river),  or 
vacant  property  where  only  a  part  is  taken  and  the 
effect  of  the  levee  building  is  to  protect  the  rest,  or 
property  the  control  of  which  for  commerce  has  been 
vested  in  the  State  or  city  authorities.  The  Federal 
Government  is  also  forbidden  by  the  Constitution  of 
the  United  States  to  take  private  property  without 
due  compensation,  and  the  XIV.  amendment  prac- 
tically denies  the  right  to  the  several  States. 

343.  Paupers. — Each   parish  is  required  to  sup- 
port all  infirm,  sick,  and  disabled  paupers  living  within 
its  limits.      Every  town  or  city,  however,  which  is  not 
under  the  control  of  the  parish  police  jury,  must  sup- 
port its  own  paupers.     This  provision  of  the  Constitu- 
tion is  carried  out  by  the  establishment  of  what  are 
termed  poor  houses. 

344.  Board  of  Arbitration. — It  is  the  duty  of  the 
General  Assembly  to  pass  such  laws  as  may  be  neces- 
sary to  decide  differences  by  arbitration.      This  article 
was  inserted  also  in  the  Constitution  of    1879,  and  in 
accordance  therewith  the  General  Assembly,  in  1894, 
provided   for  the  appointment  of   a  State   Board  of 
Arbitration.      This    board   consists  of   five    persons, 
appointed   by  the  governor.     Two  of  them  must  be 


GENERAL    PROVISIONS    OF    THE    CONSTITUTION    267 

employers  of  labor,  two  must  be  employes,  and  the 
fifth  is  appointed  on  the  recommendation  of  the  other 
four. 

345.  Duties  of  the  Board. — Whenever  there  is 
any  "strike"   or    "lockout"  of   labor  in  the    State, 
the  board  may  be  called   upon  by  the  mayor  of  a  city 
or  other  proper  authority  to  visit  the  locality.     After 
an    examination  of   the  case,  the   board   advises  the 
respective  parties  as  to  what,  if  anything,  ought  to  be 
done  by  either  party  or   both  to  adjust  the  dispute. 
It  has  been, called  together  during  several  labor  dis- 
putes, and  has  already  done  good  service  in  the  State, 
though  its  office  is  only  one  of  advice.      Its  decisions 
are  generally  strongly  supported  by  public  opinion. 

346.  Gambling. — Gambling  is  declared  to  be  a 
vice,    and  the  General  Assembly  is  required  to  pass 
laws  to  suppress  it.     As  this  provision  is  found  also 
in   the   Constitution  of    1879,   the   General  Assembly 
had  already,  even  before  the  framing  of  the  present 
Constitution,  enacted  laws  of  great  stringency  on  the 
subject,  with  the  most  excellent  results.     The  present 
Constitution    adds   that    the    pernicious    practice    of 
gambling    or    dealing   in    "futures"    on    agricultural 
products  or  articles  of   necessity,  where  the  intention 
of  the  parties  is   not   to  make  an   honest  bona  fide 
delivery  of  the  goods,    is  contrary  to  public    policy, 
and   the  Legislature  must   pass    laws  to  suppress  it. 
This  is  a  form  of  speculation  in  which  contracts  are 
made  for  the  future  delivery  of  products;  but  the  con- 
tracting parties  do  not  expect  to  deliver  or  to  receive 
the    actual    goods;    for    balances    may   be    settled    in 
money  according  to   the  state  of  the  market.      Such 


268  CIVIL   GOVERNMENT    OF    LOUISIANA 

speculation  frequently  leads  to  the  "cornering"  or 
monopoly  of  some  leading  staple  in  the  market,  and 
to  the  forcing  up  of  the  price  of  the  necessaries  of 
life.  Many  persons  believe  that  this  kind  of  specula- 
tion unsettles  the  market  and  causes  distress  to  the 
poorer  classes.  Hence  this  provision  of  the  Consti- 
tution, and  another  following  it,  which  declares  it 
unlawful  for  persons  or  corporations  to  combine  or 
conspire  for  the  purpose  of  forcing  up  or  down  the 
price  of  any  agricultural  product  or  article  of  neces- 
sity for  speculative  purposes.* 

347.  Convicts. —  Until  the   present  Constitution 
was  framed,  it  was  customary  to  lease  the  convicts  of 
the  State  penitentiary  to  private  individuals  or  cor- 
porations, who  paid  the  State  for  their  services.      So 
many  abuses,  however,  in  Louisiana  and  other  States 
have  arisen  from  this    method   of    leasing   convicted 
persons  that  the  present  Constitution  wisely  provides 
that  no  convict  sentenced  to  the  penitentiary  shall  be 
leased  or  hired  to  any  person,  corporation,  or  board. 
The  convicts,  however,  may  be  employed  under  State 
supervision  on  public  roads  and  other  public  works,  or 
on  convict  farms,  or  in  manufactories  owned  or  con- 
trolled by  the  State.      Moreover,  judges  in  any  parish 
may,  under  certain  conditions,  sentence  persons  con- 
victed of  any  offence  to  work  on  the  roads  or  other 
public  works  of  the  parish. 

348.  Pensions. — Pensions,   not  to  exceed   in  all 
$75,000  a  year,  are  granted  to  indigent  veterans  of 
the   Confederate  army  or  navy  who  were  originally 

*On  this  subject  the  student  would  do  well  to  consult  some  lead- 
ing merchant  of  the  community  in  which  he  lives. 


GENERAL    PROVISIONS    OF    THE    CONSTITUTION    269 

mustered  into  service  from  Louisiana,  or  who  have 
resided  in  the  State  for  a  certain  number  of  years. 
For  each  veteran  the  pension  is  eight  dollars  a  month; 
but  he  must  possess  the  following  qualifications:  (i) 
He  must  have  served  honorably  from  his  enlistment 
until  the  close  of  the  Civil  War,  or  until  he  was  dis- 
charged or  paroled;  .and  he  must  have  remained  true 
to  the  Confederate  government  till  the  surrender.  (2) 
He  must  be  indigent  and  unable  to  earn  a  livelihood 
by  his  own  labor.  (3)  He  must  not  be  salaried  or 
otherwise  provided  for  by  the  State  of  Louisiana, 
or  by  any  other  State  or  government.  (4)  In  case  he 
resided  in  another  State,  and  enlisted  in  an  organiza- 
tion not  mustered  in  from  Louisiana,  or  in  the  Con- 
federate navy,  he  must  have  resided  in  Louisiana 
fifteen  years  before  he  applies  for  a  pension.  Under 
certain  conditions,  a  like  pension  is  granted  to  the 
widows  of  veterans.* 

*  Provision  is  made  for  disabled  veterans  in  the  Soldiers'  Home. 


CHAPTER  XL 

STATE    INSTITUTIONS.        BOARDS    AND     COMMISSIONS 

349.  Charitable    Institutions. — We    have   seen 
that  it  is  the  duty  of  each    parish  or   municipal  cor- 
poration to  provide  for  the  sick  or  disabled  paupers 
resident  within  its  limits.      Besides  the  paupers,  how- 
ever, there  are  a  large  number  of  afflicted  persons  for 
whom  the  State  makes  provision  in  its  charitable  or 
eleemosynary  institutions.      Thus  there  is  a  home  for 
disabled  Confederate  soldiers,  hospitals  for  the  sick, 
and    asylums  for  the   insane,    and   for  the  deaf    and 
dumb,  and  for  the  blind.     The  State  makes  appropria- 
tions for  the  support  of    these    institutions,   and  the 
afflicted  persons  sent  to  them,  if  indigent,  are  cared 
for  without  charge. 

350.  Charitable     Hospitals. — There     are    two 
charitable  hospitals  in  the  State — one  in  New  Orleans 
and  one  in  Shreveport — which  receive  appropriations 
from   the   General  Assembly.      These    appropriations 
may    vary   from    time    to    time,    but    in    1901     they 
amounted   to  $19,000    for   the    Shreveport    hospital, 
and    $95,000    for   the    charitable    hospital    of    New 
Orleans,  with   additional  sums  for  the   improvement 
of   buildings,  etc.      Both   these  institutions  are  under 
the  control  of  boards   appointed  by  the  governor  of 
the  State.     The  sick  are  treated  without  charge. 

351.  Institute    for    the    Deaf    and    Dumb.— 
This    institution  is  situated  in  Baton    Rouge.       It  is 
controlled    by  a  board  of  trustees,   appointed  by  the 

270 


STATE  INSTITUTIONS.       BOARDS  AND  COMMISSIONS 

governor,  with  the  consent  of  the  senate.  This  board 
consists  of  seven  resident  citizens  of  the  State,  with 
the  governor  as  e.r-officio  president.  It  appoints  a 
general  superintendent  of  the  institution.  All  persons 
of  sound  mind  and  proper  health,  between  the  ages  of 
eight  and  twenty-two  years,  who  are  deaf  and  dumb, 
or  who  are  of  such  defective  speech  or  hearing  as  not 
to  be  able  to  acquire  an  education  in  the  ordinary 
schools,  are  admitted  and  provided  with  instruction, 
board,  and  medical  attendance  at  the  expense  of  the 
institution.  The  institute  receives  from  the  State 
$21,600  a  year. 

352.  Institute  for  the   Blind. — This   institution, 
also,    is    situated    in    Baton    Rouge.      The    board    of 
trustees,   which    consists   of    seven    members,    is    ap- 
pointed by  the  governor,  with  the  consent  of  the  senate. 
The  governor,  himself,  is  ex-officio  president.    The  in- 
stitute   receives,    instructs,    and  supports   all  persons 
blind,  or  of  such  defective  vision  as  not  to  be  able  to 
acquire  an  education  in  the  ordinary  schools,  who  are 
between  the  ages  of  seven  and  twenty-two,  of  sound 
mind  and  proper  health,  and   residents  of  the   State. 
The  institute  receives  from  the  State  $10,000  a  year. 

353.  Insane  Asylum. — This  institution  is  located 
at  Jackson,  Louisiana.      It  receives  an  annual  appro- 
priation of  $125,000.     The  governor,  with  the  consent 
of  the  Senate,  appoints  eight  persons,  who  constitute 
the  board  of  administrators.     These  are  appointed  for 
four  years  from   the  State  at  large.      Insane  persons 
are  admitted  for  life.     Those   who   are   indigent   pay 
nothing,  those   who  are  able  to   pay  are  charged  not 
less  than  $10  a  month. 


272  CIVIL    GOVERNMENT    OF    LOUISIANA 

354.  Educational   Institutions   of  the  State. — 
Besides  making  provision  for  the  support  of  the  public 
schools,  the  State  gives  aid  out  of  its  general  funds  to 
certain  institutions  of  higher  learning.      Only  a  brief 
mention  of   these  can   be   made.     They  are    (j)  the 
Louisiana    State    University    and    Agricultural    and 
Mechanical  College  at  Baton  Rouge,  which  receives 
$i  5,000;  (2)  the  State  Normal  School  at  Natchitoches, 
which  receives  $18,000;  (3)  the  Industrial  School  at 
Ruston,  which  receives  $10,000;  (4)  the  Southwestern 
Louisiana  Industrial  Institute,  which  receives  $10,000; 
(5)  the  Southern  University  (colored),  in  New  Orleans, 
which  receives  $10,000;  and  (6)  the  Teachers'  Insti- 
tutes, held  throughout  the  State,  which  receive  $1,450. 
In  return  for  this  aid  from  the  State  all  these  institu- 
tions give  free  instruction  to  State  students  attending 
them. 

355.  Tulane     University    of    Louisiana. — This 
institution  is  supported   by    private  endowment    and 
receives  no  direct  aid  from  the  State.      As  was  stated 
above,  however,    it   is  exempted  by  a   constitutional 
amendment  from  all  taxation  on  its  property,  whether 
actually   used   for  educational   purposes    or  not.      In 
return  for  this  indirect  aid,  Tulane  University  grants 
in  its  academic  department  a  number  of  scholarships, 
which  give  free  tuition  to  the  students  obtaining  them. 
As  each  member  of  the  General  Assembly  has  the 
privilege  of  appointing  one  student  to  a  free  scholar- 
ship, the   whole   number   so    appointed   may  be  one 
hundred  and  fifty-three. 

356.  Educational  Advantages. — From  the  brief 
account  given  of  the  various  educational  institutions 


STATE  INSTITUTIONS.       BOARDS  AND  COMMISSIONS    273 

of  the  State,  it  will  be  seen  that  great  facilities  are 
offered  even  to  the  poorest  students  for  obtaining  an 
education  in  the  higher  as  well  as  in  the  lower 
branches  of  learning.  Every  year  shows  an  increase 
of  these  facilities. 

357.  Board  of  Charities    and  Corrections. — So 
much   progress  has  been   made  of  late  years  in  the 
organization  of  charitable    associations,    and    in    the 
study  of  the  treatment  of  the  insane  and  the  criminal 
classes,  that  the  Constitutional  Convention  was  urged 
to  appoint  a  Board  of  Charities  and  Corrections  for 
the    State.       In    compliance   with    this    request   the 
present    board   was   established.       It   consists  of  six 
members,  of  whom  the  governor  is  ex  officio  chairman. 
The  other  five  members,  after  the  first  appointment, 
are  appointed   by  the  governor  for  six  years.     They 
elect  a  salaried  secretary^ but  serve  themselves  with- 
out compensation.     The  board  has  no  administrative 
or  executive  powers.      It  visits  and  inspects  all  public 
charitable,    correctional,  or   reformatory   institutions, 
and  all  such  private  institutions  as  are  aided  or  used 
by  parochial  or  municipal  authorities,  and  all  private 
insane  asylums,  whether  so  used  or  aided,  or  not.      It 
is  required  to  report  annually  to  the  governor  and  to 
the  General  Assembly  at  each  session  the  actual  condi- 
tion of  the  institutions  visited,  and  to  make  such  sugges- 
tions as  may  be  necessary  for  their  improvement.     The 
suggestions,  however,  must  in  each  case  be  approved  by 
the  "majority  of  the  board  controlling  the  institution. 

358.  Louisiana  State  Board  of  Agriculture  and 
Immigration. — This  board  has  such  important  duties 
to  perform,  that  the  Constitution  declares  it  to  be  an 


2J4  CIVIL   GOVERNMENT   OF    LOUISIANA 

integral  part  of  the  State  government.  It  consists  of 
six  members,  one  from  each  congressional  district, 
appointed  by  the  governor,  with  the  consent  of  the 
Senate,  for  six  years.  In  addition  the  governor,  the 
commissioner  of  agriculture  and  immigration,  the 
president  of  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanical  College,  the  vice-president  of 
the  board  of  supervisors  of  the  same  institution,  and 
the  director  of  the  State  experimental  stations  are  all 
fx  officio  members.  The  members  serve  without  com- 
pensation except  for  actual  expenses.  The  duties  of 
the  board  are  to  encourage,  advance,  and  protect  the 
agricultural  interests  of  the  State,  and  to  foster  immi- 
gration. 

359.  Boards  of  Health.— The  General  Assembly 
has  created  a  board  of  health  for  the  State  at  large, 
and  a  board  for  each  parish  and  municipality. 

(i)  The  State  board  consists  of  seven  physicians 
from  various  sections  of  the  State,  all  of  whom  are 
appointed  by  the  governor,  with  the  consent  of  the 
Senate.  One  of  them  is  always  appointed  president 
of  the  board  by  the  governor,  at  a  salary  of  $5,000  a 
year.  The  powers  of  the  board  are  extensive.  It  has 
control  and  authority  over  all  maritime  quarantine  in 
the  State,  and  supervisory  authority  over  land  quaran- 
tine, and  over  all  infectious  and  contagious  diseases 
to  suppress  and  prevent  the  spread  of  the  same.  It 
further  prepares  and  publishes  a  sanitary  code  for  the 
regulation  of  the  health  of  the  State,  for  the  keeping 
of  vital  statistics,  and  fbr  the  prevention  of  the  adul- 
teration of  all  articles  intended  for  human  food  and 
consumption. 


STATE  INSTITUTIONS.       BOARDS  AND  COMMISSIONS    275, 

(2)  Parish  Boards. — The  police  jury  of  each  parish 
is  required  to  elect  or  appoint  a  suitable  person  from 
each  ward   of  the  parish,  not  embraced  in  an  incor- 
porated   municipality,   and    at    least    three    of    such 
persons     constitute     the     parish     board     of     health. 
The  parish  board   passes  ordinances  of  a  local  char- 
acter for  the  sanitation  and  health  of  the  parish;  but 
these  ordinances  must  not  violate   any  of  the  regula- 
tions of  the  State  board,  which  has  supreme  authority. 

(3)  Municipal  Boards. — The  council   or  legislative 
body  of  every  incorporated  municipality  in  the  State  is. 
required  to  elect  live  suitable  persons  to  constitute  a 
board  of  health.      In  Shreveport  and  Baton  Rouge  the 
governor  appoints  three  members  of  such  boards.    The 
powers  of  the  municipal  boards  are  the  same  as  those 
of  the  parish  boards.      Whenever  a  parish  or  a  muni- 
cial    board    fails  to   take     proper   measures  for   the 
suppression  of  disease,  the  State  board  has  authority 
to  interfere  for  the  preservation  of  the  public  health. 

36O.  Railroad  Commission  in  Louisiana. — The 
present  constitution  created  a  Railroad  Commission  to- 
be  composed  of  three  members  elected  from  certain 
districts  of  the  State.  After  the  first  election  they  are 
elected  for  six  years.  They  have  an  office  and  meet 
in  Baton  Rouge.  Their  salary  is  $3,000  a  year.  The 
Commission  has  the  power  to  adopt  just  rates,  charges, 
and  regulations  to  govern  all  railroads,  steamboats, 
sleeping  cars,  express  companies,  telephone,  and  tele- 
graph companies  within  the  State.  It  can  prevent 
such  companies  from  charging  higher  rates  for  a 
shorter  than  for  a  longer  distance  over  their  respective 
lines,  and  it  can  require  railway  companies  to  build 


276  CIVIL    GOVERNMENT    OF    LOUISIANA 

suitable  depots,  and  to  keep  their  tracks  and  bridges  in 
safe  condition,  etc.  Of  course,  it  is  only  between  points 
within  the  State  that  the  power  of  the  Commission 
can  affect  the  transportation  of  passengers  and  freight, 
or  the  sending  of  express  matter  and  telegraph  and 
telephone  messages.  Under  the  Federal  Government 
there  is  a  Railroad  Commission  to  regulate  traffic 
between  the  different  States. 


CHAPTER  XLI 

POLITICAL    PARTIES 

36 1 .  Origin  and  Necessity  of  Political  Parties. 
— As  all  persons  do  not  agree  as  to  the  best  method  of 
managing  the  government — either  Federal,  State,  or 
municipal — political  parties  were  formed  at  a  very 
early  period  in  the  history  of  this  country.  The  object 
of  each  party  is  to  get  possession  of  the  reins  of  gov- 
ernment and  to  hold  them  by  the  exclusion  of  its 
opponents.  In  order  to  accomplish  this,  it  is  custom- 
ary for  each  party,  as  for  instance,  the  Democratic 
and  the  Republican  party  at  the  present  time,  to  adopt 
a  platform  or  statement  of  principles,  which  is  pub- 
lished to  the  State  or  the  country,  and  on  which  it 
strives  to  elect  its  candidates.  While  there  are  many 
abuses  in  the  organization  and  management  of  polit- 
ical parties,  such  parties,  it  is  admitted  by  all,  are 
necessary  adjuncts  to  the  government  of  every  coun- 
try. Their  opposition  to  one  another  brings  the  prin- 
ciples of  government  clearly  before  the  people,  and 
the  discussions  that  accompany  every  campaign  serve 
as  an  important  means  of  education.  Moreover,  every 
party  has  to  be  very  careful  what  policy  it  pursues 
while  in  power;  for  it  knows  that  its  mistakes  will  be 
sharply  criticised  by  its  opponents,  and  that  it  may  be 
turned  out  of  office  at  the  next  election.  The  govern- 
ment, therefore,  is  likely  to  be  more  wisely  adminis- 
tered if  there  exist  at  least  two  political  parties  to 

277 


278  CIVIL    GOVERNMENT   OF    LOUISIANA 

serve  as  a  check  one  upon  the  other.  However  this 
may  be,  there  is  no  danger  of  political  parties  dying 
out.  Their  existence  is  assured  for  two  reasons:  (i) 
-differences  of  opinion  will  always  exist,  and  (2)  the 
government,  both  Federal  and  State,  .has  honorable 
and  lucrative  offices  within  its  gift,  and  it  is  certain 
that  the  desire  to  obtain  these  will  create  factions  and 
keep  up  party  strife.  For  while  "civil  service  reform" 
will  remove  the  lower  offices  from  politics,  the  higher 
offices  will  continue  to  be  the  reward  of  successful 
-candidates. 

362,  Organization  of  State  Political  Parties. — 
As  is  the  case  in  national  politics,  so  in  every  State 
•each  political  party  nominates  its  candidates  and  con- 
ducts its  campaign  to  a  large  extent  as  it  thinks  proper. 
•Central  and  local  committees  are  appointed,  which 
have  charge  of  what  is  called  the  party  machine. 
These  committees  call  conventions,  engage  public 
speakers  to  advocate  the  campaign  platform,  and  also 
marshal  the  forces  of  their  political  party.  Within  cer- 
tain limits,  however,  the  laws  of  the  State  interfere 
and  regulate  matters.  For  instance,  we  have  seen 
that  the  law  of  Louisiana  permits  political  parties  to 
nominate  candidates  by  obtaining  the  signatures  of  a 
certain  number  of  voters  to  a  "nominating  paper." 
The  General  Assembly  has  also  passed  a  law,  which 
declares  that  any  person  offering  or  giving  to  a  voter  a 
bribe  or  any  voter  accepting  the  same  in  any  primary 
election,  mass  meeting,  convention,  or  other  political 
gathering,  shall  be  guilty  of  bribery,  and  on  convic- 
tion shall  be  imprisoned  not  less  than  six  months  or 
more  than  three  years,  and  fined  not  less  than  $25 


POLITICAL    PARTIES  2/9 

nor  more  than  $2,000.  These  laws  are  indirectly  a 
recognition  of  political  parties,  but  beyond  this  the 
control  of  nominations,  etc.,  is  exercised  largely  by 
the  parties  themselves.  It  is  not  necessary  to  explain 
all  the  steps  taken  in  a  political  campaign;  but  it  is 
important  to  give  at  least  a  brief  description  of  the 
primary. 

363.  The   Primary. — The   simplest  form   or  unit 
of  political  organization  is  the  primary.      '  'To  call  a 
primary"  is  generally  the  first  step  taken  by  one  of  the 
regular  political  parties  in  order  to  bring  its  candidates 
before  the   public.     A  primary  then  is  a   caucus  or 
meeting  in  a  ward  or  precinct  of  all  the  voters  belong- 
ing to  some  political  faction.      Its  function  is  either  to 
nominate  a  candidate  to  represent  the  ward  in  some 
department  of  the  government,  or  to  choose  a  dele- 
gate or  delegates  to  a  parish  or  a  State  nominating 
convention. 

364.  Management  of  Primaries. — Although  the 
importance  of  the  primaries   is  very  generally  appre- 
ciated, it  is   unusual   for  more   than  six  or  seven  per 
cent  of  the  voters  in  any  ward  to  attend  them.      This 
non-attendance  is  caused  by  a  dislike  on  the  part  of 
the  better  classes  to  associate  with  the  politicians  that 
generally  frequent  the  primaries.      The  result  is  that 
the  control  of  these  influential  bodies  is  largely  left  to 
a  few   "ward  bosses."     These  decide  among  them- 
selves what  candidates  shall  be  nominated  or  delegates 
chosen,  and  the  obedient  primary  often  ratifies  their 
choice.      It  may  be  added  that  as  each  primary  meet- 
ing is  governed  by  its  own  regulations,  the  leaders  of 
the  ward  manage  to  exclude  all  the  voters  who  refused 


280  CIVIL    GOVERNMENT    OF    LOUISIANA 

to  vote  the  party  ticket  at  the  last  election  or  who  in 
some  other  way  have  shown  themselves  too  inde- 
pendent. 

365.  Primary  Elections. — Often  the  nomination  of 
candidates,  etc.,  is  settled  by  a  vote  in  the  primary 
meeting  itself.  Sometimes,  however,  an  opposition 
faction  is  formed,  and  two  sets  of  candidates  are  offered. 
In  such  a  case  the  issue  may  be  submitted  to  what  is 
called  a  primary  election.  Polls  are  opened,  commis- 
sioners are  appointed  by  the  primary,  and  each  faction 
strives  to  obtain  the  victory  by  polling  the  larger  vote. 
The  defeated  faction  is  generally  pledged  to  abide  by 
the  result.  Since  January  first,  1900,  the  manner  of 
holding  primary  elections  in  Louisiana  has  been  regu- 
lated by  law.  The  general  provisions  are  as  follows: 
Any  committee  or  body,  authorized  by  the  rules  or 
•customs  of  a  political  party  in  this  State  (having  the 
right  under  the  election  law  to  make  nominations  by 
conventions)  to  call  primary  elections  of  or  for  such 
political  parties,  shall  at  the  time  of  calling  such  elec- 
tion, adopt  a  resolution  setting  forth  (a)  at  what  place, 
time  and  hours  the  election  will  be  held;  (£)  the  num- 
ber of  officers  to  preside  at  each  polling  booth  and  the 
manner  of  choosing  the  same;  (c)  the  object  for 
which  the  election  is  held;  (d)  the  special  qualifica- 
tions required  for  voters,  in  addition  to  those  pre- 
scribed by  the  election  law  and  the  Constitution.  The 
State  central  committee  of  the  political  party  inter- 
ested, and  the  various  district  and  parish  committees, 
may  adopt  such  rules  and  regulations  as  they  may 
deem  proper;  but  the  rules  of  subordinate  committees 
may  be  revised  by  a  committee  of  the  State  central 


POLITICAL    PARTIES  381 

committee.  The  election  officers  must  reject  any  vote 
offered  by  a  person  not  a  legal  voter  or  not  possessing 
the  qualifications  required. 

366.  Independent  Movements. — Outside  of  the 
regular  political  parties,  a  body  of  voters,  despairing 
of  carrying  the  primaries,  will  frequently  start  an 
independent  campaign.  Under  ' 'Election  Laws"  we 
have  seen  that  candidates  may  be  nominated  by 
"nomination  papers  or  by  a  convention  of  a  political 
party  that  cast  ten  per  cent  of  the  votes  at  the  last 
election.  Thus  candidates  may  be  brought  before  the 
public  without  a  primary.  As  most  voters,  however, 
•cast  their  ballots  for  the  candidates  presented  by  the 
regular  machinery  of  their  political  party,  it  is  difficult 
to  make  an  independent  movement  successful.  Never- 
theless in  city  elections,  when  public  sentiment  is 
aroused,  the  independent  movement  has  often  been 
found  an  excellent  method  of  accomplishing  a  reform. 
In  State  politics  it  seldom  succeeds,  and  in  national 
politics,  never.  It  is  particularly  useful,  however, 
when  it  enables  a  voter  to  cast  his  ballot  in  accordance 
with  his  principles.  Too  frequently  a  voter  is  com- 
pelled either  to  abstain  from  voting  or  to  vote  for  the 
nominee  of  his  party  when  he  disapproves  of  that 
nominee. 

We  have  now  considered  the  various  functions  of 
the  government  of  Louisiana.  It  will  be  seen  that, 
taken  as  a  whole,  the  government  of  a  State  is  a 
rather  complicated  piece  of  machinery,  which  requires 
close  attention  and  study  to  understand  all  the  parts 
and  their  relations  to  one  another.  It  is  to  be  remem- 
bered, however,  that  the  State  is  yet  to  be  considered 


282  CIVIL    GOVERNMENT    OF    LOUISIANA 

with  reference  to  the  great  Union  of  which  it  forms  a: 
part.  Many  of  the  functions  of  its  government  will 
be  better  comprehended  when  examined  from  this 
higher  point  of  view. 


PART  III 

The  Government  of  the  United  States 


CHAPTER  XLII 

THE  MAKING  OF  THE  GOVERNMENT 

The  American  Government.     Sections  66-222  inclusive. 

The  United  States,  both  as  forty-five  individual  States 
and  as  a  Nation,  are  an  outgrowth  of  the  Thirteen  Eng- 
lish Colonies  planted  on  the  eastern  shore  of  North 
America  in  the  years  1607-1732.  The  process  by  which 
this  change  was  effected,  will  be  briefly  described  in  this 
chapter. 

367.  The  Colonial  Governments. — The  Kings  of 
England  gave  to  the  companies,  proprietors,  and 
associations  that  planted  the  Colonies  certain  political 
powers  and  rights.  These  powers  and  rights  were 
formally  granted  in  documents  called  charters  and 
patents;  they  were  duly  protected  by  regular  govern- 
ments, and  so  became  the  possession  of  the  people 
of  the  Colonies.  While  differing  in  details,  these 
governments  were  alike  in  their  larger  features.  There 
was  in  every  Colony  (1)  an  Assembly  or  popular  house  of 
legislation;  (2)  a  Council,  which  served  as  an  upper 
house  of  legislation  in  most  of  the  Colonies  and  as  an 

283 


284      THE    GOVERNMENT   OF   THE    UNITED    STATES 

advisory  body  to  the  governor  in  all  of  them;  (3)  a  Gov- 
ernor, and  (4)  Courts  of  Law.  The  members  of  the  as- 
sembly were  chosen  by  the  qualified  voters.  The  mem- 
bers of  the  council  and  the  governors  were  elected  by 
the  people  in  Connecticut  and  Rhode  Island,  and  were 
appointed  by  the  proprietors  in  Maryland  and  Pennsyl- 
vania, and  by  the  King  in  the  other  colonies.  The 
judges  were  generally  appointed  by  the  King  or  his- 
representatives.  Powers  of  local  government  were 
distributed  to  local  officers  in  every  Colony. 

368.  The   Home   Government.  —  The   kings  who 
granted  the  charters  and  patents,  for  themselves  and  their 
descendants,  guaranteed   to  their  subjects  who  should 
settle  in  the*  Colonies   and  their  children  all  liberties,, 
franchises,  and  immunities  of  free  denizens   and  native 
subjects  within  the  realm  of  England.      Previous  to  the 
troubles  that  led  to  the  Revolution,  the  Home  govern- 
ment commonly  left  the  Colonies  practically  alone  as  free 
states  to  govern   themselves  in  their   own    way.      Still 
they  were  colonies.     The  charters  enjoined  them  not  to 
infringe  the  laws  of  England,  and  Parliament  passed  an 
act  expressly  declaring   that  all  laws,    by-laws,  usages, 
and  customs  which  should  be  enforced   in  any  of  them 
contrary  to  any  law  made,   or  to  be  made,  in   England 
relative  to  said  Colonies  should  be  utterly  void  and  of 
none  effect.     Moreover,  the  power   to  decide  what  was 
so  contrary  the  Home  government  retained  in  its  own 
hands. 

369.  Dual  G-overnment. — Thus  from  the  very  begin- 
ning the  Colonies  were  subject  to  two  political  authorities; 
one  their  own  Colonial  governments,  the  other  the  Crown 
and  Parliament  of  England.     In  other  words,   govern- 
ment was  double,  partly  local  and  partly  general.     This 
fact  should  be  particularly  noted,  for  it  is  the  hinge  upon 


THE    MAKING    OF   THE    GOVERNMENT  385 

\vhich  our  present  dual  or  federal  system  of  government 
turns.  The  American,  therefore,  as  has  been  said,  has 
always  had  two  loyalties  and  two  patriotisms. 

37O.  Division  of  Authority. — In  general,  the  line 
that  separated  the  two  jurisdictions  was  pretty  plainly 
marked.  It  had  been  traced  originally  in  the  charters  and 
patents,  and  afterwards  usage,  precedent,  and  legislation 
served  to  render  it  the  more  distinct.  The  Colonial  gov- 
ernments looked  after  purely  Colonial  matters;  the  Home 
government  looked  after  those  matters  that  affected 
the  British  Empire.  The  Colonies  emphasized  one  side 
of  the  double  system,  the  King  and  Parliament  the 
other  side.  There  were  frequent  disagreements  and 
disputes;  still  the  Colonists  and  the  Mother  Country 
managed  to  get  on  together  with  a  good  degree  of  har- 
mony until  Parliament,  by  introducing  a  change  of 
policy,  brought  on  a  conflict  that  ended  in  separa- 
tion. 

37  I .  Causes  of  Separation. — The  right  to  impose 
and  collect  duties  on  imports  passing  the  American  cus- 
tom houses,  the  Home  government  had  from  the  first  as- 
serted and  the  Colonies  conceded.  •  But  local  internal 
taxation  had  always  been  left  to  the  Colonial  legislatures. 
Beginning  soon  after  1760,  or  about  the  close  of  the  war 
with  France,  which  had  left  the  Mother  Country  burdened 
with  a  great  debt,  Parliament  began  to  enforce  such 
taxes  upon  the  people  directly.  These  taxes  the  Colonies 
resisted  on  the  ground  that  they  were  imposed  by  a 
body  in  which  they  were  not  represented  or  their  voice 
heard.  Taxation  without  representation  they  declared 
to  be  tyranny.  At  the  same  time,  the  acts  relative  to 
American  navigation  were  made  more  rigorous,  and 
vigorous  measures  were  taken  to  enforce  them.  In 
the  meantime  the  Colonies  had  greatly  increased  in 


286   THE  GOVERNMENT  OF  THE  UNITED  STATES 

numbers  and  in  wealth,  and  the  idea  began  to  take  root 
that  such  a  people,  inhabiting  such  a  country,  could  not 
permanently  remain  dependent  upon  England  but  must 
become  an  independent  power.  The  stamp  tax  was 
one  of  the  objectionable  taxes. 

372.  Independence. — The  Home  government  dropped 
or  changed   some  of  its  obnoxious  measures,   but  still 
adhered  to  its  chosen  policy.      New  and  more  obnoxious 
measures  were  adopted,  as  the  Massachusetts  Bay  Bill 
and  the  Boston  Port  Bill.     The  Congresses  of  1765  and 
1774  protested,  but  to  no  real  purpose.     Some  of  the 
Colonies,    like   Massachusetts,  began  to  take  measures 
looking    to   their   defense   against    aggression;   and   the 
attempt    of    General    Gage,    commanding    the   British 
army  in  Boston,  to  counteract  these  measures  led  to  the 
battle  of   Lexington,  April   19,   1775,    and  immediately 
brought   on    the    Revolutionary  War.     All    attempts   at 
composing  the  differences  failing,  and  the  theater  of  war 
continuing  to  widen,  the  American  Congress,  on  July  4, 
1776,  cut  the  ties  that  bound  the  Thirteen  Colonies  to 
England.     After  eight  years  of  war  the  British  govern- 
ment acknowledged  American  Independence. 

373.  The  Political  Effects  of  Independence. — The 
Declaration  of  Independence  involved  two  facts  of  the 
greatest  importance.     One  was  the  declaration  that  the 
Colonies  were  free  and  independent  States,  absolved  from 
all  allegiance  to  the  British  crown.     The  other  was  the 
formation  of  the  American  Union.    The  original  members 
of  the  Union  as  States  and  the  Union  itself  were  due  to  the 
same  causes.     The  language  of  the  Declaration  is,  "We, 
.  .  .  the  representatives  of  the  United  States  of  America, 
in  general  congress  assembled,    .     .    .    do,  in  the  name, 
and  by  the  authority,  of  the  good  people  of  these  Colo- 
nies, solemnly  publish  and  declare"  their  independence. 


THE  MAKING  OF  THE  GOVERNMENT        287 

The  States  took  their  separate  position  as  a  nation 
among  the  powers  of  the  earth.  Thus,  before  the  Rev- 
olutioii  there  were  Colonies  united  politically  only  by 
their  common  dependence  upon  England;  since  the 
Revolution  there  have  been  States  united  more  or  less 
closely  in  one  federal  state  or  union. 

374.  The  Continental  Congress. — The  body  that  put 
forth  the  Declaration  of  Independence,  known  in  history 
as  the  Continental  Congress,  had,  in  1775,  assumed  con- 
trol of  the  war  in  defense  of  American  rights.      It  had 
adopted  as  a  National  army  the  forces  that  had  gathered  at 
Boston,  had  made  Washington  its  commander-in-chief, 
and  had  done  still  other  things  that  only  governments 
claiming  nationality  can  do.     And  so  it  continued  to  act. 
First  the  American  people,  and  afterwards  foreign  gov- 
ernments, recognized  the  Congress  as  a  National  govern- 
ment.    But  it  was  a  revolutionary  government,  resting 
upon  popular  consent  or  approval,  and  not  upon  a  writ- 
ten constitution.  A  government  of  a  more  regular  and  per- 
manent form  was  called  for,  and  to  meet  this  call  Con- 
gress, in  1777,  framed  a  written  constitution  to  which  was 
given  the  name,  "Articles  of  Confederation  and  Perpet- 
ual Union."    Still  Congress  had  no  authority  to  give  this 
constitution  effect,  and  could  only  send  it  to  the  States 
and  ask  them  for  their  ratifications.  Some  delay  ensued, 
and  it  was  not  until  March  1,  1781,  that  the  last  ratifica- 
tion was  secured  and  the  Articles  went  into  operation. 

375.  The  Confederation. — The  government  that  the 
Articles  provided  for  was  very  imperfect  in  form.     It  con- 
sisted of  but  one  branch,  a  legislature  of  a  single  house 
called  Congress.     Such  executive  powers  as  the  Govern- 
ment possessed  were  vested  in  this  body.     The  States  ap- 
pointed delegates  in  such  manner  as  they  saw  fit,  and  had 
an  equal  voice  in  deciding  all  questions.    Nine  States  were 


288   THE  GOVERNMENT  OF  THE  UNITED  STATES 

necessary  to  carry  the  most  important  measures,  and  to 
amend  the  Articles  required  unanimity.  In  powers  the 
Government  was  quite  as  defective  as  in  form.  It  could 
not  enforce  its  own  will  upon  the  people,  but  was  wholly 
dependent  upon  the  States.  It  could  not  impose  taxes 
or  draft  men  for  the  army,  but  only  call  upon  the  States 
for  money  and  men;  and  if  the  States  refused  or  neglected 
to  furnish  them,  which  they  often  did,  Congress  had  na 
remedy.  Much  of  the  disaster  and  distress  attending  the 
war  grew  out  of  the  weakness  of  Congress,  and  when 
peace  came,  the  States  became  still  more  careless,  while 
Congress  became  weaker  than  ever.  Meantime  the  state 
of  the  country  was  as  unsatisfactory  as  that  of  the  Gov- 
ernment. The  State  governments  were  efficient,  but  they 
looked  almost  exclusively  to  their  own  interests.  Com- 
mercial disorder  and  distress  prevailed  throughout  the 
country.  As  early  therefore  as  1785  the  conviction  was 
forcing  itself  upon  many  men's  minds  that  something 
must  be  done  to  strengthen  the  Government  or  the  Union 
would  fall  to  pieces. 

376.  Calling  of  the  Federal  Convention.— In  1785 
Commissioners  representing  Virginia  and  Maryland  met 
at  Alexandria,  in  the  former  State,  to  frame  a  compact 
concerning  the  navigation  of  the  waters  that  were 
common  to  the  two  States.  They  reported  to  their 
respective  Legislatures  that  the  two  States  alone  could 
do  nothing,  but  that  general  action  was  necessary.  The 
next  year  commissioners  representing  five  States  met  at 
Annapolis  to  consider  the  trade  of  the  country,  and 
these  commissioners  concluded  that  nothing  could  be 
done  to  regulate  trade  separate  and  apart  from  other 
general  interests.  So  they  recommended  that  a  general 
convention  should  be  held  at  Philadelphia  to  consider 
the  situation  of  the  United  States,  to  devise  further  pro- 


THE    MAKING    OF   THE    GOVERNMENT  289 

visions  to  render  the  Articles  of  Confederation  adequate 
to  the  needs  of  the  Union,  and  to  recommend  action  thatr 
when  approved  by  Congress  and  ratified  by  the  State 
Legislatures,  would  effectually  provide  for  the  same. 
This  recommendation  was  directed  to  the  Legislatures  of 
the  five  States,  but  copies  of  it  were  sent  to  Congress 
also  and  to  the  Governors  of  the  other  eight  States.  So 
in  February,  1787,  Congress  adopted  a  resolution  invit- 
ing the  States  to  send  delegates  to  such  a  convention  to 
be  held  in  Philadelphia  in  May  following.  And  the 
Legislatures  of  all  the  States  but  Rhode  Island  did  so. 

377.  The  Constitution  Framed. — On  May  25,  1787, 
the  Convention  organized,  with  the  election  of  Washing- 
ton as  President.  It  continued  in  session  until  September 
17,  when  it  completed  its  work  and  sent  our  present 
National  Constitution,  exclusive  of  the  fifteen  Amend- 
ments, to  Congress.  In  framing  this  document  great 
difficulties  were  encountered.  Some  delegates  favored 
a  government  of  three  branches;  others  a  government 
of  a  single  branch.  Some  delegates  wanted  a  legisla- 
ture of  two  houses;  some  of  only  one  house.  Some 
delegates  wished  the  representation  in  the  houses  to 
be  according  to  the  population  of  the  States;  others 
were  determined  that  it  should  be  equal,  as  in  the 
Old  Congress.  Differences  as  to  the  powers  to  be 
exercised  by  Congress  were  equally  serious.  There 
were  also  controverted  questions  as  to  revenue,  the 
control  of  commerce,  the  slave  trade,  and  many 
other  matters.  Furthermore,  the  opinions  that  the  dele- 
gates held  were  controlled  in  great  degree  by  State 
considerations.  The  large  States  wanted  representation 
to  be  according  to  population;  a  majority  of  the  small 
ones  insisted  that  it  should  be  equal.  The  commercial 
States  of  the  North  said  Congress  should  control  the 


290       THE    GOVERNMENT   OF    THE    UNITED    STATES 

subject  of  commerce,  which  the  agricultural  States  of 
the  South  did  not  favor.  Georgia  and  the  Carclinas 
favored  the  continuance  of  the  slave  trade,  to  which 
most  of  the  other  States  were  opposed.  But  progress- 
ively these  differences  were  overcome  by  adjustment  and 
compromise,  and,  at  the  end,  all  of  the  delegates  who 
remained  but  three  signed  their  names  to  the  Constitu- 
tion, while  all  the  States  that  were  then  represented 
voted  for  its  adoption.  What  had  been  done,  however, 
was  to  frame  a  new  constitution  and  not  to  patch  up 
the  old  one.  The  body  that  framed  it  is  called  the  Fed- 
eral Convention  and  the  Convention  of  1787. 

378.  The  Constitution  Ratified. — The  Convention 
had  no  authority  to  make  a  new  constitution,  but  only  to 
recommend  changes  in  the  old  one.      So  on  the  comple- 
tion of  its  work,  it  sent  the  document  that  it  had  framed 
to  Congress  with  some  recommendations.      One  of  these 
was  that  Congress  should  send  the   Constitution   to  the 
States,    with  a  recommendation   that   the    Legislatures 
should    submit    it    to    State    conventions  to  be    chosen 
by   the    people,    for    their    ratification.      Congress  took 
such    action,    and    the    States,    with    the    exception    of 
Rhode    Island,  took    the    necessary  steps  to  carry  out 
the  plan.      Ultimately  every  State  in  the   Union   ratified 
the  Constitution  ;  but  North  Carolina  and  Rhode  Island 
did  not  do  so  until  the  new  Government  had  been  some 
time  in  operation.      Nor  was  this  end  secured  in  several 
of  the  other  States,    as    Massachusetts,    New  York,  and 
Virginia,  without  great  opposition. 

379.  Friends  and  Enemies  of  the  Constitution.— 
Those  who  favored  the  ratification  of  the  Constitution 
have  been  divided  into  these  classes:  (1)  Those  who  saw 
that  it  was  the  admirable  system  that  time  has  proved  it 
to  be;  (2)  Those  who  thought  it  imperfect  but  still  be- 


THE  MAKING  OF  THE  GOVERNMENT       39! 

lieved  it  to  be  the  best  attainable  government  under  the 
circumstances;  (3)  The  mercantile  and  commercial  classes 
generally,  who  believed  that  it  would  put  the  industries 
and  trade  of  the  country  on  a  solid  basis.  Those  who 
opposed  it  have  been  thus  divided:  (1)  Those  who  re- 
sisted any  enlargement  of  the  National  Government,  for 
any  reason;  (2)  Those  who  feared  that  their  importance 
as  politicians  would  be  diminished;  (3)  Those  who  feared 
that  public  liberty  and  the  rights  of  the  States  would  be 
put  in  danger;  (4)  Those  who  were  opposed  to  vigorous 
government  of  any  kind,  State  or  National.1 

38O.  The  New  Government  Inaugurated. — The 
new  Constitution  was  to  take  effect  as  soon  as  nine  States 
had  ratified  it,  its  operation  to  be  limited  to  the  number 
ratifying.  When  this  condition  had  been  complied  with,, 
the  Continental  Congress  enacted  the  legislation  neces- 
sary to  set  the  wheels  of  the  new  Government  in  motion. 
It  fixed  a  day  for  the  appointment  of  Presidential  Elect- 
ors by  the  States,  a  day  for  the  Electors  to  meet  and  cast 
their  votes  for  President  and  Vice-President,  and  a  day 
for  the  meeting  of  the  new  Congress.  The  day  fixed  upon 
for  Congress  to  meet  was  March  4,  1789;  but  a.  quorum 
of  the  House  of  Representatives  was  not  secured  until 
April  1,  and  of  the  Senate  not  until  April  6,  owing  to 
various  causes.  On  the  second  of  these  dates  the  Houses 
met  in  joint  convention  to  witness  the  counting  of  the 
Electoral  votes.  Washington  was  declared  elected  Pres- 
ident, John  Adams  Vice-President.  Messengers  were 
at  once  sent  to  the  President-  and  Vice-President-elect 
summoning  them  to  New  York,  which  was  then  the 
seat  of  government.  Here  Washington  was  inaugurated 
April  30.  The  Legislative  and  Executive  branches  of 
the  Government  were  now  in  motion. 

JG.  T.  Curtis:  History  of  the  Constitution,  Vol.  II,  pp.  493,496. 


CHAPTER  XLIII 

AMENDMENTS    MADE    TO    THE    CONSTITUTION 

The  American  Government.     Sections  457-460;  467-474.;  536-537; 
604-607;  623-652. 

It  was  anticipated  that  amendments  to  the  Constitu- 
tion would  be  found  necessary,  and  a  method  was  ac- 
cordingly provided  for  making  them.  This  method  em- 
braces the  two  steps  that  will  now  be  described. 

38  I .  Proposing  an  Amendment. — This  may  be  done 
in  either  of  two  ways.  First,  Congress  may  propose  an 
amendment  by  a  two-thirds  vote  of  each  House;  sec- 
ondly, Congress  shall,  on  the  application  of  the  Legisla- 
tures of  two-thirds  of  the  States,  call  a  convention  of 
the  States  for  that  purpose.  The  first  way  is  evidently 
the  simpler  and  more  direct  of  the  two,  and  it  is  the  one 
that  has  always  been  followed. 

382.  Ratifying  an  Amendment. — This  also  may  be 
done  in  either  one  of  two  ways.     One  is  to  submit  the 
amendment  to  the  Legislatures  of  the  States,  and  it  be- 
comes a  part  of  the  Constitution  when  it  is  ratified  by 
three-fourths  of  them.     The  other  way  is  to  submit  the 
amendment  to  conventions  of  the  Staies,  and  it  becomes 
binding  when  three-fourths  of  such   conventions  have 
given  it  their  approval.     Congress  determines  which  of 
the  two  ways  shall  be  adopted.     The  first  is  the  simpler 
and   more  direct,   and  it  has  been    followed    in   every 
instance. 

383.  Amendments  I-X. — One  of  the  principal  ob- 
jections urged  against  the  Constitution  when  its  ratifica- 
tion was  pending  in  1787-88,  was  the  fact  that  it  lacked 
a  bill  of  rights.     Such  a  bill,  it  may  be  observed,  is  a 

292 


AMENDMENTS    MADE    TO    THE    CONSTITUTION       293 

statement  of  political  principles  and  maxims.  The  States 
had  fallen  into  the  habit  of  inserting  such  bills  in  their 
constitutions.  At  its  first  session,  Congress  undertook  to 
remedy  this  defect.  It  proposed  twelve  amendments,  ten 
of  which  were  declared  duly  ratified,  December  15,  1791. 
These  amendments,  numbered  I  to  X,  are  often  spoken 
of  as  a  bill  of  rights. 

384.  Amendment  XI. — Article  III  of  the  Constitu- 
tion made  any  State  of  the  Union  suable  by  the  citizens  of 
the  other  States  and  by  citizens  or  subjects   of  foreign 
states.      (See  section  2,  clause  1.)     This  was  obnoxious 
to  some  of  the  States,  and  when  such  citizens  began   to 
exercise  their  right  of  suing  States  a  movement  was  set 
on  foot  to  change  the  Constitution  in   this   respect.      An 
amendment  having   this  effect  was  duly  proposed,  and 
was  declared  ratified  January  8,  1798. 

385.  Amendment  XII. — According  to  the  original 
Constitution,  the  members  of  the  Electoral  colleges  cast 
both  their  ballots  for  President  and  neither  one  for  Vice- 
President.     The  rule  was  that  the  candidate  having  most 
votes    should    be   President,   and    the  one   having  the 
next    larger    number  Vice-President,    provided  in   both 
cases  it  was  a  majority  of  all   the  Electors.      In   1800  it 
happened  that  Thomas  Jefferson  and  Aaron   Burr  had 
each  an  equal  number  of  votes  and   a  majority  of  alL 
The   Democratic-Republican   party,  to  which   they  be- 
longed, had  intended  Jefferson  for  the  first    place  and 
Burr  for  the  second.     The  election  went  to  the  House 
of  Representatives,  and  was  attended   by  great  excite- 
ment.    Steps  were  taken  to  prevent  a  repetition  of  such 
a  dead-lock.     This  was  accomplished  by  an  amendment 
declared  ratified  September  25,  1804. 

386.  Amendment  XIII. — Slavery  was  the  immediate 
exciting  cause  of  the  Civil  War,  1861-65.      In  the  course 


294       THE    GOVERNMENT    OF    THE    UNITED    STATES 

of  the  war  President  Lincoln,  acting  as  commander-in- 
chief  of  the  army  and  navy  of  the  United  States,  declared 
all  the  slaves  held  in  States  and  parts  of  States  that  were 
engaged  in  the  war  against  the  Union  free.  The  other 
Slave  States,  Delaware,  Maryland,  Kentucky,  Tennes- 
see, and  Missouri,  and  parts  of  Louisiana  and  Virginia, 
his  power  did  not  reach,  as  they  were  not  in  rebellion. 
The  conviction  grew  strong  throughout  the  country  that 
slavery  should'  not  survive  the  war.  This  conviction 
asserted  itself  in  Amendment  XIII,  which  took  effect 
December  18,  1865. 

387.  Amendment  XIV. — At  the  close  of  the  Civil 
War  Congress  was   called   upon  to  deal   with   the  im- 
portant   question    of    readjusting    the    States    that  had 
seceded  from  the   Union.      It  was  thought  necessary  to 
incorporate  certain  new  provisions  into  the  Constitution. 
So  an  elaborate  amendment  was  prepared  and  duly  rati- 
fied.     It  was  declared  in  force  July  28,  1868.    The  most 
far-reaching  of  the  new  provisions  were  those  in  relation 
to  citizenship  contained  in  the  first  section. 

388.  Amendment  XV. — Down  to  1870  the  States 
had  fixed  the  qualifications  of  their  citizens  for  voting  to 
suit  themselves.     At  that  time  most  of  the  States,  and 
all  of  the  Southern  States,  denied  suffrage  to  the  negroes. 
The  emancipation  of  the  slaves,   together  with  Amend- 
ment  XIV,    made  the   negroes  citizens  of  the    United 
States   and    of    the    States    where    they    resided.      But 
the  negroes    had  no  political   power,    and  so   no  direct 
means  of  defending  their  civil  rights.     To  remedy  this 
state  of  things  a  new   amendment  was    proposed  and 
ratified,  bearing  the  date  of  March  30,  1870.    It  declared 
that  the  right  of  citizens  to  vote  should  not  be  abridged, 
either  by  the  United  States  or  by  any  State,  on  account 
of  race,  color,  or  previous  condition  of  servitude. 


CHAPTER  XLIV 

THE  SOURCE  AND  NATURE  OF  THE  GOVERNMENT 

The  American  Government.     Sections  223-262;  610-613;  615-620; 
655-65^;  763-772- 

The  source  of  the  Government  of  the  United  States, 
and  some  of  its  leading  features,  are  either  stated  or 
suggested  in  the  first  paragraph  of  the  Constitution. 
This  paragraph  is  commonly  called  the  Preamble,  but  it 
is  really  an  enacting  clause,  since  it  gives  the  instrument 
its  whole  force  and  validity. 

389.  The  Preamble.  —  ''We,  the  people  of  the 
United  States,  in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for 
the  common  defense,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for 
the  United  States  of  America." 

The  following  propositions  are  either  asserted  or  im- 
plied in  this  language  : — 

1.  The  Government  proceeds  from  the  people  of  the 
United    States.      They    ordain   and  establish  it.       It  is 
therefore  a  government  of  the  people,   by  the  people,., 
and  for  the  people. 

2.  The  ends  for  which  it  is   ordained  and  established 
are  declared.      It  is  to  form  a  more  perfect  union,  estab- 
lish justice,  etc. 

3.  It  is  a  constitutional  government.      It  rests  upon  a 
written  fundamental  law.     On  the  one  part  it  is  opposed 

295 


296       THE    GOVERNMENT    OF    THE    UNITED    STATES 

to  an  absolute  government,  or  one  left  to  determine  its 
own  powers,  like  that  of  Russia;  and  on  the  other,  it  is 
opposed  to  a  government  having  an  unwritten  consti- 
tution, consisting  of  maxims,  precedents,  and  charters, 
like  that  of  England. 

4.  The  terms  Union  and    United   States   suggest   that 
it  is  a  federal  government.     The  peculiarity  of  a  federal 
state  is  that  local  powers  are  entrusted  to  local   author- 
ities, while  general  powers  are  entrusted  to  general  or 
national  authorities.      How  this  division  of  powers  orig- 
inated, and  how  it   affected  the  country   in    1775-1789, 
was  pointed  out  in  the  last  chapter.      The  government 
of  a  State  has   been  described  in  Part  II.  of  this  work, 
while  Part  III.    is  devoted  to  the  Government  that  is 
over  all  the  States. 

5.  The  same  terms  suggest   that  the   Government  is 
one  of  enumerated  powers.       It  must  be   remembered 
that  when   the  Constitution  was  framed  thirteen   State 
governments  were  already  in  existence,  and  that  no  one 
dreamed  of  destroying   them  or  of  consolidating  them 
into  one  system.      The  purpose  was  rather  to  delegate 
to  the  new  Government  such   powers  as  were   thought 
necessary  to  secure  the  ends   named  in  the   Preamble, 
and  to  leave  to   the   States   the   powers   that  were  not 
delegated,    unless  the  contrary  was  directly  specified. 

39O.  The  Constitution  in  Outline. — The  Constitu- 
tion is  divided  into  seven  Articles,  which  are  again 
divided  into  sections  and  clauses. 

ARTICLE  I.  relates  to  the  Legislative  power. 

ARTICLE  II.  relates  to  the  Executive  power. 

ARTICLE  III.  relates  to  the  Judicial  power. 

ARTICLE  IV.  relates  to  several  subjects,  as  the  rights 
and  privileges  of  citizens  of  a  State  in  other  States,  the 
surrender  of  fugitives  from  justice,  the  admission  of 


j 

SOURCE  AND  NATURE  OF  THE  GOVERNMENT   297 

new  States  to  the  Union,  the  government  of  the  National 
territory,  and  a  guarantee  of  a  republican  form  of 
government  to  every  State. 

ARTICLE  V.,  a  single  clause,  relates  to  the  mode  of 
amending  the  Constitution. 

ARTICLE  VI.  relates  to  the  National  debt  and  other 
engagements  contracted  previous  to  1789  and  the  su- 
premacy of  the  National  Constitution  and  laws. 

ARTICLE  VII.,  consisting  of  a  single  sentence,  pre- 
scribes the  manner  in  which  the  Constitution  should  be 
ratified,  and  the  time  when  it  should  take  effect. 

The  fifteen  Amendments  relate  to  a  variety  of  sub- 
jects, as  has  been  explained  in  Chapter  XXVIII. 

39  I .  The  Three  Departments. — It  has  been  seen  that 
the  Constitution  distributes  the  powers  of  government 
among  three  departments,  which  it  also  ordains  and 
establishes.  This  was  done  partly  to  secure  greater 
ease  and  efficiency  of  working,  and  partly  as  a  safe- 
guard to  the  public  liberties.  Absolute  governments 
are  simple  in  construction,  concentrating  power  in  the 
hands  of  one  person,  or  of  a  few  persons;  while  free 
governments  tend  to  division  and  separation  of  powers. 
In  the  words  of  Mr.  Madison:  "The  accumulation  of 
all  powers,  legislative,  executive,  and  judiciary  in  the 
same  hands,  whether  of  one,  a  few,  or  many,  and 
whether  hereditary,  self-appointed,  or  elective,  may 
justly  be  pronounced  the  very  definition  of  tyranny."1 

1  The  Federalist,  No.  47. 


CHAPTER  XLV 

THE      COMPOSITION     OF    CONGRESS    AND    THE     ELECTION      OF 
ITS    MEMBERS 

The  American  Government,     Sections  263-301 ;  324-330. 

392.  Congress  a  Dual  Body. — From  an  early  time, 
the  English  Parliament  has  consisted  of  two  chambers, 
the  House  of  Commons  and  the  House  of  Lords.  Such  a 
legislature  is  called  bicameral,  as  opposed  to  one  that  is 
unicameral.  The  words  mean  consisting  of  two  cham- 
bers and  of  one  chamber.  The  great  advantage  of  a 
bicameral  legislature  is  that  it  secures  fuller  and  more 
deliberate  consideration  of  business.  One 'house  acts 
as  a  check  or  balance  to  the  other;  or,  as  Washing- 
ton once  put  it,  tea  cools  in  being  poured  from 
the  cup  into  the  saucer.  Countries  that  English- 
men have  founded  have  commonly  followed  the  example 
of  the  Mother  Country  in  respect  to  the  duality  of  their 
legislatures.  Such  was  the  case  with  the  Thirteen 
Colonies,  but  such  was  not  the  case  with  the  American 
Confederation  from  1775  to  1789.  In  the  Convention 
that  framed  the  Constitution,  the  question  arose  whether 
the  example  of  England  and  of  the  Colonies,  or  the 
example  of  the  Confederation,  should  be  followed.  It 
wasfinally  decided  that  all  the  legislative  powers  granted 
to  the  new  Government  should  be  vested  in  a  Congress 

298 


I    UNIVERSITY   T| 


AND    ELECTION    OF    ITS    MEMBERS       299 

which  should  consist  of  a  Senate  and  a  House  of  Repre- 
sentatives. 

393.  Composition  of  the  Two  Houses.  —  The  House 
of  Representatives  is  composed    of   members  who  are 
apportioned  to   the  several    States   according  to   their 
respective  numbers  of  population,  and  are  elected  for 
two  years  by  the  people  of  the  States.       The  Senate  is 
composed   of  two    Senators    from   each  State,  who  are 
chosen  by  the  Legislatures  thereof,    and  each  Senator 
has  one  vote. 

The  composition  of  Congress  at  first  sharply  divided 
the  Federal  Convention.  Some  members  wanted  only 
one  house.  Others  wanted  two  houses.  Some  members 
were  determined  that  the  States  should  be  represented 
in  the  new  Congress  equally,  as  had  been  the  case  in  the 
old  one.  Others  were  determined  that  representation 
should  be  according  to  population.  These  controversies 
were  finally  adjusted  by  making  two  houses,  in  one 
of  which  representation  should  be  equal  and  in  the  other 
proportional.  This  arrangement  explains  why  New 
York  and  Nevada  have  each  two  Senators,  while  they 
have  respectively  thirty-four  members  and  one  member 
in  the  House  of  Representatives.  This  equality  of 
representation  in  the  Senate  is  the  most  unchangeable 
part  of  the  National  Government.  The  Constitution 
expressly  provides  that  no  State  shall,  without  its  own 
consent,  ever  be  deprived  of  its  equal  suffrage  in  the 
Senate,  which  is  equivalent  to  saying  that  it  shall  never 
be  done  at  all.  No  such  provision  is  found  in  relation 
to  any  other  subject. 

394.  Qualifications  of  Representatives  and  Sena- 
tors. —  A  Representative  must  be  twenty-five  years  old, 
and  must  be  a   citizen   of   the  United   States  of  at  least 


3OO   THE  GOVERNMENT  OF  THE  UNITED  STATES 

seven  years'  standing.  A  Senator  must  be  thirty  years  of 
age  and  must  be  nine  years  a  citizen.  The  Representative 
and  the  Senator  alike  must  be  an  inhabitant  of  the  State  in 
which  he  is  elected  or  for  which  he  is  chosen.  Previous 
absence  from  the  State,  even  if  protracted,  as  in  the  case 
of  a  public  minister  or  consul  to  a  foreign  country,  or  a 
traveler,  does  not  unfit  a  man  to  sit  in  either  house. 
Representatives  are  not  required  by  law  to  reside  in 
their  districts,  but  such  is  the  custom. 

No  person  can  be  a  Senator  or  Representative,  or  an 
Elector  of  President  and  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or 
under  any  State,  who  having  once  taken  an  oath  as  a 
member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  Legislature,  or  as 
an  Executive  or  Judicial  officer  of  any  State,  to  support 
the  Constitution  pi  the  United  States,  has  afterwards 
engaged  in  insurrection  or  rebellion  against  the  same,  or 
given  assistance  to  their  enemies.  But  Congress  may 
remove  this  disability  by  a  two-thirds  vote  of  each 
house. 

395.  Regulation  of  Elections. — The  times,  places, 
and  manner  of  electing  Senators  and  Representatives  are 
left,  in  the  first  instance,  to  the  Legislatures  of  the  States, 
but  they  are  so  left  subject  to  the  following  rule:  "  Con- 
gress may,  at  any  time,  by  law,  make  or  alter  such  reg- 
ulations, except  as  to  the  places  of  choosing  Senators.'' 
Defending  this  rule  in  1788,  Mr.  Hamilton  said:  ''Every 
government  ought  to  contain  in  itself  the  means  of  its 
own  preservation;  while  it  is  perfectly  plain  that  the 
States,  or  a  majority  of  them,  by  failing  to  make  the 
necessary  regulations,  or  by  making  improper  ones,  could 
break  up  or  prevent  the  first  elections  of  the  Houses  of 
Congress. "  The  right  to  name  the  places  where  Senators 


CONGRESS    AND    ELECTION    OF    ITS    MEMBERS       30! 

shall  be  chosen  is  denied  to  Congress  for  a  very  sufficient 
reason.  If  Congress  possessed  that  power  it  could  deter- 
mine, or  at  least  largely  influence,  the  location  of  the  State 
capitals. 

396.  Elections  of  Senators. — Previous  to  1866,  the 
Legislature  of  every  State  conducted  these  elections  as  it 
pleased.  Sometimes  the  two  houses  met  in  joint  con- 
vention, a  majority  of  the  whole  body  determining  the 
choice.  Sometimes  the  two  houses  voted  separately,  a 
majority  of  each  house  being  required  to  elect.  It  is 
obvious  that  the  two  methods  might  operate  very  differ- 
ently. If  the  same  political  party  had  a  majority  in 
both  houses,  the  result  would  probably  be  the  same  in 
either  case;  but  if  the  two  houses  were  controlled  by 
different  parties,  then  the  party  having  the  majority  of 
votes  on  a  joint  ballot  would  probably  elect  the  Senator. 
If  the  second  plan  was  followed,  and  the  two  houses 
differed  in  regard  to  a  choice,  there  were  delays,  and  elec- 
tions were  sometimes  attended  by  serious  scandals.  So 
Congress,  in  1866,  passed  a  law  providing  that  the  Legis- 
lature next  preceding  the  expiration  of  a  Senator's  term, 
in  any  State,  shall,  on  the  second  Tuesday  after  its 
meeting  and  organization,  proceed  to  elect  a  Senator  in 
the  following  manner: — 

1.  Each  house  votes,  viva  voce,  for  Senator.     The  next 
day  at  twelve   o'clock    the    two  houses    meet    in   joint 
session,  and  if  it  appears  from  the  reading  of  the  journals 
of  the  previous  day's  proceedings  that  the  same  person 
has  received  a  majority  of  all  the  votes  cast  in  each 
house,  he  is  declared  duly  elected. 

2.  If  no  election  has  been  made,   the   joint   assembly 
proceeds    to   vote,    viva  voce,    for    Senator,    and  if    any 
person  receive  a  majority  of  all  the  votes  of  the  joint 
assembly,  a  majority  of  all  the  members  elected  to  both 


3O2   THE  GOVERNMENT  OF  THE  UNITED  STATES 

houses  being  present  and  voting,  such  person  is  declared 
duly  elected. 

3.  If  a  choice  is  not  made  on  this  day,  then  the  two 
houses  must  meet  in  joint  assembly  each  succeeding  day 
at  the  same  hour,  and  must  take  at  least  one  vote,  as 
before,  until  a  Senator  is  elected  or  the  Legislature  ad- 
journs. 

4.  If  a  vacancy  exists  on  the  meeting  of  the  Legislature 
of  any    State,   said    Legislature   must    proceed,   on  the 
second  Tuesday  after  its  meeting  and  organization,  to 
fill  such  vacancy  in  the  same  manner  as  in  the  previous 
case;  and  if  a  vacancy  occur  when  the  session  is  in  prog- 
ress, the    Legislature  must  proceed,  as  before,  to  elect 
on  the  second  Tuesday  after  they  have  received  notice 
of  the  vacancy. 

397.  Vacancies. — When  a  vacancy  occurs   in  the 
recess  of  the  Legislature  of  a  State,  owing  to  death   or 
other  cause,  the   Governor  makes  an  appointment  that 
continues  until  the  next  meeting  of  the  Legislature,  when 
the  vacancy  is  filled  in  the  usual  manner.     In  all  cases 
of   vacancies    the    appointed  or  newly  elected   Senator 
only  fills  out  the  term  of  his  predecessor. 

398.  Division   of   Senators.  —  The   Senators    are 
equally  divided,  or  as  nearly  so  as  may  be,  into  three 
classes  with  respect  to  the  expiration  of  their  terms,  as 
follows: 

Class   1,    1791,    1797 1893,    1899 

Class  2,    1793,    1790 1895,    1901 

Class  3,    1795,    1801 1897,    1903 

The  two  Senators  from  a  State  are  never  put  in  the 
same  class;  and  as  the  terms  of  the  first  Senators 
from  a  State  now  admitted  to  the  Union  expire  with 
the  terms  of  the  classes  to  which  they  are  assigned,  one 


CONGRESS    AND    ELECTION    OF    ITS    MEMBERS      303 

or  both  of   them  must  serve,  and  both  may  serve,  less 
than  the  full  term  of  six  years. 

399.  Electors  of  Representatives. — The  persons 
who  may  vote  for  the  most  numerous  branch  of  the  State 
Legislature  in  any  State,  or  the  house  of  representatives, 
may  also  vote  for  members  of  the  National  House  of  Rep- 
resentatives.   Usually,  however,  a  State  has  only  one  rule 
of  suffrage;  that  is,  a  person  who  may  vote  for  members 
of  the  lower  house  of  the  State  Legislature  may  vote 
also  for  all  State  and  local  officers..       Practically,  there- 
fore, the  rule  is  that  State  electors  are  National  electors; 
or,    in    other    words,    the    Constitution    adopts   for   its 
purposes  the  whole  body  of  the  State  electors,  whoever 
they  maybe.      In  Wyoming,  Colorado,  and  Utah  women 
vote  on  the  same  terms   and    conditions  as    men.     In 
Massachusetts,  Connecticut,  Maine,  Mississippi,  Louisi- 
ana, and  South  Carolina  there  is  an  educational  qualifi- 
cation for  the  suffrage.      But  in  most  of  the  States  males 
only  twenty-one  years  of  age  and  upwards,  having  cer- 
tain prescribed  qualifications,  are  permitted  to  vote. 

400.  Apportionment  of  Representatives  in  the 
Constitution. — The  Constitution  provides  that  members 
of  the  House  of  Representatives  shall  be  apportioned 
among  the  several  States  according  to  their  respective 
numbers.     The  original  rule  for  determining  these  num- 
bers was  that  all  free  persons,  including  apprentices  or 
persons  bound  to  service  for  a  term  of  years,  but  excluding 
Indians  not  taxed  (or  Indians  living  in  tribal  relations), 
and  three-fifths  of  all  other  persons,  should  be  counted. 
The*' other  persons  "were  the  slaves.       The  abolition 
of  slavery  and  the  practical  disappearance  of  apprentice- 
ship have  considerably  simplified  matters.      The  Four- 
teenth  Amendment  to   the  Constitution   provides   that 
Representatives    shall    be    apportioned     according    to 


304   THE  GOVERNMENT  OF  THE  UNITED  STATES 

population,  counting  the  whole  number  of  persons  in  a 
State,  excluding  Indians  who  are  not  taxed.  This  rule  is 
applied  to  the  people  of  the  States  regardless  of  age, 
sex,  color,  or  condition.  The  Constitution  further  pro- 
vides that  the  number  of  Representatives  shall  not 
exceed  one  for  every  30,000  people,  but  that  every  State 
shall  have  one  Representative  regardless  of  popula- 
tion. 

401.  The  Census.— The  Constitution  of   1787  fixed 
the  number  of  members-of  the  House  of  Representatives 
at  65,  and  apportioned  them  among  the  States  as  best  it 
could,  using  the  information  in  respect  to  population  that 
was  accessible.      It  also  provided  that  an  actual  enumera- 
tion of  the  people  should  be  made  within  three  years  of 
the  first  meeting  of  Congress,  and  that   it  should  be  re- 
peated thereafter  within  every  period  of  ten  years.     This 
enumeration  was  also  called  the  census.      In  conformity 
with  this  provision,  eleven  decennial    censuses    of    the 
United  States  have  been  taken,  1790,  1800,    .     .    .     1890. 

402.  Method  of  Apportionments.— The  decennial 
apportionment  of  members  of  the  House  is  made  by  Con- 
gress, and  that  body  has  performed  the  duty  in  different 
ways.     The  apportionment  of  1893  was  made  in  the  fol- 
lowing manner:  First,  the  House  was  conditionally  made 
to  consist  of  356  members.      Next,  the  population  of  the 
country,   not  counting  the  Territories,    was  divided  by 
this  number,  which  gave  a  ratio  of  173,901.     The  popu- 
lation of  every  State  was  then  divided  by  this  ratio  and 
the  quotients  added,  giving  339.   The  numbers  of  Repre- 
sentatives indicated  by  these  quotients  were  then  assigned 
to  the  several  States,  and  one   Representative  each  in 
addition  to  the  seventeen  States  having  fractions  larger 
than  one-half  the  ratio/  thus  making  the  original  num- 
ber, 356.     The  admission  of  Utah  has  added  one  more. 


CONGRESS    AND    ELECTION    OF    ITS    MEMBERS 


305 


When  a  new  State  comes  into  the  Union,  its  Rep- 
resentative or  Representatives  are  added  to  the  number 
previously  constituting  the  House.1 

4O3.  Elections  of  Representatives.  —  For  fifty 
years  Congress  allowed  the  States  to  elect  their  Represen- 
tatives in  their  own  way.  The  State  Legislatures  fixed 
the  times  and  the  places  and  regulated  the  manner  of 
holding  the  elections;  the  elections  were  conducted  with- 
out any  regulation  or  control  whatever  being  exercised 
by  the  National  Government.  Very  naturally  there  were 
considerable  differences  of  practice.  In  1842  Congress 
first  exercised  its  power  of  regulation.  Three  points 
must  be  noted: — 

1.  Since  1842  Congress  has  provided  by  law  that,  in 
every  case  where  a  State  was  entitled  to  more  than  one 
Representative,  the  members  to  which  it  was  entitled 
should  be  elected  by  districts  composed  of  contiguous 
territory  equal  in  number  to  the  number  of  Representa- 
tives to  be  chosen,  no  district  electing  more  than  one. 
It  is,  however,  provided  that  when  the  number  of  Repre- 
sentatives to  which  a  State  is  entitled  has  been  diminished 
at  any  decennial  apportionment,  and  the  State  Legislature 
has  failed  to  make  the  districting  conform  to  the  change, 

1  The  Numbers  of  the  House  and  the  Ratios  of  Representation 
are  set  down  in  the  following  table,  with  the  period: 

Period.                            Size  of  House.  Ratio. 

1789-1793 65 

1793-1803 105  33,000 

1803-1813 141  33,000 

1813-1823  181  35,000 

1823-1833  212 40,000 

1833-1843 240  47,700 

1843-1853 223 70,680 

1853-1863  234 93,503 

1863-1873 241 127,941 

1873-1883  292  130,533 

1883-1893 332 151,911 

1893 357. 173,901 


306       THE    GOVERNMENT    OF    THE    UNITED    STATES 

the  whole  number  shall  be  chosen  by  the  State  as  a  unit 
and  not  by  districts.  It  is  also  provided  that  if  the 
number  apportioned  to  any  State  is  increased,  and  the 
Legislature  fails  to  district  the  State,  the  old  districting 
shall  stand,  but  that  the  additional  member  or  members 
shall  be  elected  by  the  State  as  a  whole.  Representa- 
tives elected  on  a  general  ticket,  and  not  by  district 
tickets,  from  States  having  more  than  one  member,  are 
called  Representatives-at-large.  Since  1872  Congress 
has  prescribed  that  the  districts  in  a  State  must,  as  nearly 
as  practicable,  contain  an  equal  number  of  inhabitants. 
Congress  has  never  constituted  the  Congressional  dis- 
tricts, as  they  are  called,  but  has  always  left  that  duty  to 
the  State  Legislatures.  As  a  rule  the  division  of  the  States 
into  districts,  when  once  made,  is  allowed  to  stand  £or 
ten  years,  or  until  a  new  apportionment  is  made;  but  not 
unfrequently  it  is  changed,  or  the  State  is  re-districted, 
as  the  saying  is,  for  the  sake  of  obtaining  some  political 
advantage.  The  operation  called  "gerrymandering " l 
is  only  too  well  known  in  American  history. 

2.  In  1871  Congress  enacted  that  all  votes  for  members 
of  the  House    of  Representatives  should  be  by  printed 
ballots,  and  that  rule  has  continued  until  the  present  day. 

3.  In  1872  Congress  prescribed  that  the  elections  should 
be  held  on  the  Tuesday  next  after  the   first  Monday  in 
November  in  every  even  numbered  year,  1874,  1876  .... 
1898,  1900,  etc.     Later  legislation   exempted  from   the 

'The  Century  Dictionary  gives  the  following  history  of  this 
word:  "Gerrymander.  In  humorous  imitation  of  Salamander^  from 
a  fancied  resemblance  of  this  animal  to  a  map  of  one  of  the  districts 
formed  in  the  redistricting  of  Massachusetts  by  the  Legislature  in 
1*11,  when  Elbridge  Gerry  was  Governor.  The  districting  was 
intended  (it  was  believed,  at  the  instigation  of  Gerry),  to  secure 
unfairly  the  election  of  a  majority  of  Democratic  Senators.  It  is 
now  known,  however,  that  he»was  opposed  to  the  measure." 


CONGRESS    AND    ELECTION    OF    ITS    MEMBERS       307 

operation  of  this  rule  such  States  as  had  prescribed  a 
different  day  in  their  constitutions.  Accordingly  Oregon 
elects  her  Representatives  the  first  Monday  of  June, 
Vermont  hers  the  first  Tuesday  of  September,  and  Maine 
hers  the  second  Monday  of  the  same  month. 

In  nearly  every  case,  if  not  indeed  in  every  one,  the 
State  elects  State  officers  at  the  same  time  that  the 
elections  of  the  National  House  of  Representatives  are 
held.  Moreover,  the  elections  of  Representatives  are  con- 
ducted by  the  same  officers  that  conduct  the  State  elec- 
tions. These  officers  count  the  votes  and  make  the 
returns  required  by  law.  The  Representative  receives 
his  certificate  of  election  from  the  Governor  of  his  State. 
If  a  vacancy  occurs  in  any  State,  owing  to  any  cause, 
the  Governor  issues  a  proclamation,  called  a  writ  of  elec- 
tion, appointing  a  special  election  to  fill  the  vacancy. 

4O4.  Compensation  of  Members  of  Congress.— 
Senators  and  Representatives  receive  a  compensation 
from  the  Treasury  of  the  United  States.  Congress  fixes- 
by  law  the  pay  of  its  own  members, 'subject  only  to  the 
President's  veto.1 

iThe  compensation  at  different  times  is  exhibited  in  the  follow- 
ing table: 

1789-1815 $    6.00  a  day. 

1815-1817 1500.00  a  year. 

1817-1855 8.00  a  day. 

1855-1865 3000.00  a  year. 

1865-1871 5000.00  a  year. 

1871-1873 7500.00  a  year. 

1873-1896 5000.00  a  year. 

Save  for  a  period  of  only  two  years,  Senators  and  Representa- 
tives have  always  received  a  mileage  or  traveling  allowance.  At 
present  this  allowance  is  twenty  cents  a  mile  for  the  necessary  dis- 
tance traveled  in  going  to  and  returning  from  the  seat  of  govern- 
ment. The  Vice-President,  the  President  pro  tempore  of  the 
Senate,  and  the  Speaker  of  the  House  of  Representatives  now 
receive  each  a  salary  of  $8,000  a  year. 


308   THE  GOVERNMENT  OF  THE  UNITED  STATES 

405.  Privileges  of  Members  of  Congress. — In  all 
cases  but  treason,  felony,  and  breach  of  the  peace,  Sen- 
ators and  Representatives  are  exempt  from  arrest  during 
their  attendance  at  the  session  of  their  respective  houses 
and  in  going  to  and  returning  from  the  same.      In  other 
words,  unless  he   is  charged  with  one  or  more  of  the 
grave  offenses  just  named,  a  member  of  either  house 
cannot  be  arrested  from  the  time  he  leaves  his  home  to 
attend    a    session    of  Congress    until    he  returns    to   it. 
Further,  a  Senator  or   Representative  cannot   be  held 
responsible  in  any  other  place  for  any  words  that  he  may 
speak  in  any  speech  or  debate  in  the  house  to  which  he 
belongs.     This  rule  protects  him  against  prosecution  in 
the  courts,  even  if  his  words  are  slanderous.   Still  more, 
speeches  or  debates,  when  published  in  the  official  report 
called  "The  Congressional  Record,"  are  also  privileged 
matter,  and  the  speakers  cannot  be  held  accountable  for 
libel.     This  freedom   from   arrest  and   this   exemption 
from  responsibility  in  respect   to  words  spoken  in  the 
discharge  of  public  duty,  are  not  privileges  accorded  to 
the  Senator  and   Representative  in   their  own  interest 
and  for  their  own  sake,  but  rather  in  the  interest  and  for 
the  sake  of  the  people   whom  they  represent.     If  they 
were   liable    to   arrest  for  any  trivial  offense,  or  if  they 
could  be  made  to  answer  in  a  court  of  law  for  what  they 
might  say  on  the  floor  of  Congress,  the  business  of  the 
country  might  be  interfered  with  most  seriously.     The 
rights  of  legislative  bodies  must  be  rigidly  maintained. 
The  one  rule  given  above  is  necessary  to   protect  the 
freedom  of  representation,  the  other  to  protect  the  free- 
dom of  debate. 

406.  Prohibitions  Placed  Upon  Members  of  Con- 
gress.— No  Senator  or  Representative  can,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any  civil 


CONGRESS    AND    ELECTION    OF    ITS    MEMBERS       309 

office  under  the  United  States  that  is  created,  or  the  pay 
of  which  is  increased,  during  such  time.  Appointments  to 
many  offices,  and  to  all  of  the  most  important  ones,  are 
made  by  the  President  with  the  advice  and  consent  of  the 
Senate.  Moreover,  the  President  is  always  interested 
in  the  fate  of  measures  that  are  pending  before  Congress,, 
or  are  likely  to  be  introduced  into  it.  There  is  accord- 
ingly a  certain  probability  that,  if  he  were  at  liberty  to 
do  so,  the  President  would  enter  into  bargains  with 
members  of  Congress,  they  giving  him  their  votes  and 
he  rewarding  them  with  offices  created  or  rendered  more 
lucrative  for  that  very  purpose.  This  would  open  up  a 
great  source  of  corruption.  A  Senator  or  Representa- 
tive may,  however,  be  appointed  to  any  office  that  ex- 
isted at  the  time  of  his  election  to  Congress,  provided 
the  compensation  has  not  been  since  increased.  Still 
he  cannot  hold  such  office  while  a  member  of  Congress. 
On  the  other  hand,  the  Constitution  expressly  declares: 
"No  person  holding  any  office  under  the  United  States 
shall  be  a  member  of  either  house  during  his  continu- 
ance in  office." 

4O7.  Length  of  Congress. — The  term  Congress  is 
used  in  two  senses.  It  is  the  name  of  the  National 
Legislature  as  a  single  body,  and  it  is  also  the  name  of  so 
much  of  the  continuous  life  of  that  body  as  falls  within 
the  full  term  of  office  of  the  Representative.  We  speak 
of  Congress,  and  of  a  Congress.  Thus  there  are  a  First, 
Second,  ....  and  Fifty-sixth  Congress,  filling 

the  periods  1789-1791,  1791-1793 

1899-1901.  The  length  of  a  Congress  was  fixed  when 
the  Convention  of  1787  made  the  Representative's  term 
two  years.  The  time  of  its  beginning  and  ending  was 
due  to  an  accident.  The  Old  Congress  provided  in  1788- 
for  setting  the  new  Government  in  operation;  it  named 


3IO   THE  GOVERNMENT  OF  THE  UNITED  STATES 

the  first  Wednesday  of  March,  1789,  as  the  day  when 
the  two  Houses  of  Congress  should  first  assemble,  which 
happened  to  be  the  fourth  day  of  that  month.  Thus  a 
point  of  beginning  was  fixed  and,  as  the  rule  has  never 
been  changed,  our  Congresses  continue  to  come  and  go 
•on  the  fourth  of  March  of  every  other  year.  The  pres- 
ent procedure  is  as  follows:  Representatives  are  chosen 
in  November  of  every  even  year,  1896,  1898,  1900,  while 
their  terms,  and  so  the  successive  Congresses,  begin  on 
March  4  of  every  odd  numbered  year,  1895,  1899,  1901. 

While  Representatives  come  and  go  together  at  in- 
tervals of  two  years,  Senators  come  and  go  in  thirds  at 
the  same  intervals.  The  result  is  that  while  a  House  of 
Representatives  lasts  but  two  years,  the  Senate  is  a  per- 
petual body. 

4O8.  Meeting  of  Congress. — Congress  must  assem- 
ble at  least  once  every  year,  and  such  meeting  is  on  the 
first  Monday  of  December,  unless  by  law  it  names 
another  day.  Hence  every  Congress  holds  two  regular 
sessions.  Furthermore,  Congress  may  by  law  provide 
for  special  sessions,  or  it  may  hold  adjourned  sessions, 
or  the  President,  if  he  thinks  it  necessary,  may  call  the 
Houses  together  in  special  session.  As  a  matter  of  fact, 
all  of  these  things  have  been  done  at  different  times.  As 
the  law  now  stands  the  first  regular  session  of  Congress 
begins  on  the  first  Monday  of  December  following  the 
beginning  of  the  Representative's  term,  and  it  may 
continue  until  the  beginning  of  the  next  regular  session, 
and  commonly  does  continue  until  midsummer.  The 
second  regular  session  begins  the  first  Monday  of 
December,  but  can  continue  only  until  March  4  of  the 
next  year,  or  until  the  expiration  of  the  Representative's 
term.  It  is  the  custom  to  call  these  the  long  and  the 
short  sessions. 


CHAPTER  XLVI 

THE    ORGANIZATION    OF    CONGRESS    AND    ITS    METHOD 
OF    DOING    BUSINESS 

The  American    Government.      Sections  275;    293-294;   312-323; 

33i-340> 

409.  Officers  of  the  Senate.— The  Vice-President  of 
the  United  States  is  President  of  the  Senate,  but  has  no 
vote   unless    the    Senators    are    equally   divided.      The 
Senate  chooses  its  other  officers,   the  Secretary,  Chief 
Clerk,  Executive  Clerk,  Sergeant-at-Arms,  Door  Keeper, 
and  Chaplain.    The  duties  of  these  officers  are  indicated 
by  their  titles.       The  Senators  also  choose  one  of  their 
number  President  pro    tempore,    who    presides   in    the 
absence  of  the  Vice-President  or  when  he  has  succeeded 
to  the  office  of  President.       The  Senate  is  a  perpetual 
body  and  is  ordinarily  fully  organized,  although  not  in 
actual  session,  at  any  given  time. 

1 IO.  Officers  of  the  House  of  Representatives. — 
The  House  chooses  one  of  its  members  Speaker,  who  pre- 
sides over  its  proceedings.     It  also  chooses  persons  who 
are  not  members    to    fill    the    other  offices,  the  Clerk, 
Sergeant-at-Arms,    Postmaster,    and    Chaplain.        The 
Speaker  has  the  right  to  vote  on  all  questions,  and  must 
do  so  when  his  vote  is  needed  to  decide  the  question 
that  is  pending.      He  appoints  all  committees,  designat- 
ing  their   chairmen,   and    is   himself   chairman    of   the 
important  Committee  on   Rules.      His  powers  are  very 
great,  and  he   is   sometimes   said   to   exercise   as   much 

311 


312   THE  GOVERNMENT  OF  THE  UNITED  STATES 

influence  over  the  course  of  the  Government  as  the 
President  himself.  The  Speaker's  powers  cease  with 
the  death  of  the  House  that  elects  him,  but  the  Clerk 
holds  over  until  the  Speaker  and  Clerk  of  the  next  House 
are  elected,  on  which  occasion  he  presides.  It  is  com- 
mon to  elect  an  ex-member  of  the  House  Clerk. 

411.  The  Houses  Judges  of  the  Election  of  their 
Members. — The  Houses  are  the  exclusive  judges  of  the 
elections,  returns,  and  qualifications  of  their  members; 
that  is,  if  the  question  arises  whether  a  member  has  been 
duly  elected,  or  whether  the  returns  have  been  legally 
made,  or  whether  the  member  himself  is  qualified,  the 
house  to  which  he  belongs  decides  it.  In  the  House  of 
Representatives  contested  elections,  as  they  are  called, 
are  frequent.  As  stated  before,  the  Governor  of  the 
State  gives  the  Representative  his  certificate  of  elec- 
tion, which  is  duly  forwarded  to  Washington  addressed 
to  the  Clerk  of  the  House  next  preceding  the  one  in 
which  the  Representative  claims  a  seat.  The  Clerk 
makes  a  roll  of  the  names  of  those  who  hold  regular 
certificates,  and  all  such  persons  are  admitted  to  take 
part  in  the  organization  of  the  House  when  it  convenes. 
Still  such  certificate  and  admission  settle  nothing  when 
a  contestant  appears  to  claim  the  seat.  The  House  may 
then  investigate  the  whole  case  from  its  very  beginning, 
and  confirm  the  right  of  the  sitting  member  to  the  seat, 
or  exclude  him  and  admit  the  contestant,  or  declare  the 
seat  vacant  altogether  if  it  is  found  that  there  has  been  no 
legal  election.  In  the  last  case,  there  must  be  a  new 
election  to  fill  the  vacancy.  The  Governor  of  the  State 
also  certifies  the  election  of  the  Senator.  A  Senator- 
elect  appearing  with  regular  credentials  is  admitted  to 
be  sworn  and  to  enter  upon  his  duties,  but  the  Senate 
is  still  at  liberty  to  inquire  into  his  election  and  qualifi- 


THE    ORGANIZATION    OF    CONGRESS  313 

cations,  and  to  exclude  him  from  his  seat  if,  in  its  judg- 
ment, the  facts  justify  such  action.  In  respect  to 
qualifications,  it  may  be  said  that  persons  claiming  seats, 
or  occupying  them,  have  been  pronounced  disqualified 
because  they  were  too  young,  or  because  they  had  not 
been  naturalized  a  sufficient  time,  or  because  they  had 
been  guilty  of  some  misconduct.  From  the  decision  of 
the  Houses  in  such  cases  there  is  no  appeal. 

412.  Quorums. — The  Houses  cannot  do  business 
without  a  quorum,  which  is  a  majority  of  all  the  members; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members.  Whether 
a  quorum  is  present  in  the  House  of  Representatives  or 
not,  is  determined  by  the  roll-call  or  by  the  Speaker's 
count.  If  a  quorum  is  not  present,  the  House  either 
adjourns  or  it  proceeds,  by  the  method  known  as  the  call 
of  the  House,  to  compel  the  attendance  of  absentees. 
In  the  latter  case  officers  are  sent  out  armed  with  writs 
to  arrest  members  and  bring  them  into  the  chamber. 
When  a  quorum  is  obtained,  the  call  is  dispensed  with 
and  business  proceeds  as  before.  In  several  recent  Con- 
gresses a  rule  has  prevailed  allowing  the  names  of 
members  who  were  present  but  who  refused  to  vote  to 
be  counted,  if  necessary,  for  the  purpose  of  making  a 
quorum. 

4  1 3.  Rules  of  Proceedings. — Each  house  makes  its 
own  rules  for  the  transaction  of  business.  The  rules  of 
the  Senate  continue  in  force  until  they  are  changed,  but 
those  of  the  House  of  Representatives  are  adopted  at 
each  successive  Congress.  Still  there  is  little  change 
even  here  from  Congress  to  Congress.  Owing  to  the 
greater  size  of  the  body,  the  rules  of  the  House  are 
much  more  complex  than  the  rules  of  the  Senate.  The 
rules  of  both  Houses,  like  the  rules  of  all  legislative 


314   THE  GOVERNMENT  OF  THE  UNITED  STATES 

assemblies  in  English-speaking  countries,  rest  ultimately 
upon  what  is  known  as  Parliamentary  Law,  which  is 
the  general  code  of  rules  that  has  been  progressively 
developed  by  the  English  Parliament  to  govern  the 
transaction  of  its  business.  Still,  many  changes  and 
modifications  of  this  law  have  been  found  necessary  to 
adapt  it  to  the  purposes  of  Congress,  and  especially  of 
the  House  of  Representatives. 

414.  Power  to  Punish  Members. — The  Houses 
may  punish  members  for  disorderly  behavior,  and  by  a 
vote  of  two-thirds  may  expel  members.  These  necessary 
powers  have  been  exercised  not  unfrequently.  In  1842 
the  House  of  Representatives  reprimanded  J.  R.  Gid- 
dings,  of  Ohio,  for  introducing  some  resolutions  in  rela- 
tion to  slavery;  while  the  Senate  in  1797  expelled  William 
Blount,  of  Tennessee,  for  violating  the  neutrality  laws, 
and  in  1863  Mr.  Bright,  of  Indiana,  for  expressing  sym- 
pathy with  the  Southern  secessionists.  From  the  deci- 
sions of  the  Houses  in  such  cases  there  is  no  appeal. 

4  1 5.  Journals  and  Voting. — The  Houses  are  re- 
quired to  keep  a  full  history  of  their  proceedings  in 
records  called  journals,  and  to  publish  the  same  except 
such  parts  as  in  their  judgment  require  secrecy.  But  as 
the  House  of  Representatives  always  sits  with  open 
doors,  the  provision  in  respect  to  secrecy  has  no  practical 
effect  in  that  body.  It  is  also  null  in  the  Senate  except 
in  executive  sessions.  These  are  secret  sessions  held  for 
the  transaction  of  special  business  sent  to  the  Senate  by 
the  President,  as  the  consideration  of  treaties  and  nomi- 
nations. The  yeas  and  nays  must  be  called,  and  must  be 
entered  on  the  journal,  when  such  demand  is  made  by 
one-fifth  of  the  members  present.  The  object  of  these 
rules  is  to  secure  full  publicity  in  regard  to  what  is  done 
in  Congress.  On  the  call  of  the  roll,  which  is  the  only 


THE    ORGANIZATION    OF    CONGRESS  315 

form  of  voting  known  in  the  Senate,  members  are  entered 
as  voting  yea  or  nay,  as  absent  or  not  voting.  In 
the  House  votes  are  taken  in  three  other  ways:  by 
the  viva  voce  method,  the  members  answering  aye  or  no 
when  the  two  sides  of  the  question  are  put;  by  the  mem- 
bers standing  until  the  presiding  officer  counts  them; 
by  the  members  passing  between  two  men  called  tellers, 
who  count  them  and  report  the  numbers  of  those  voting 
on  the  one  side  and  on  the  other,  to  the  Chair. 

4  1 6.  Mode  of  Legislating. — A  bill  is  a  written  or 
printed  paper  that  its  author  proposes  shall  be  enacted 
into  a  law.  Every  bill  that  becomes  a  law  of  the  United 
States  must  first  pass  both  Houses  of  Congress  by  ma- 
jority votes  of  quorums  of  their  members.  Still  more, 
this  must  be  done  according  to  the  manner  prescribed  by 
the  rules,  which  on  this  subject  are  very  minute.  For 
example,  no  bill  or  joint  resolution  can  pass  either  house 
until  it  has  been  read  three  times,  and  once  at  least  in  full 
in  the  open  house.  The  presiding  officers  of  the  two 
Houses  certify  the  passage  of  bills  by  their  signatures. 
When  a  bill  has  thus  passed  Congress  it  is  sent  to  the 
President  for  his  action,  who  may  do  any  one  of  three 
things  with  it. 

417.  Action  of  the  President. — 1.  The  President 
may  approve  the  bill,  in  which  case  he  signs  it  and  it 
becomes  a  law. 

2.  He  may  disapprove  the  bill,  in  which  case  he  sends 
it  back  to  the  house  that  first  passed  it,  or  in  which  it 
originated,  with  his  objections  stated  in  a  written  mes- 
sage. In  such  case  he  is  said  to  veto  it.  This  house 
now  enters  the  message  in  full  on  its  journal  and  pro- 
ceeds to  reconsider  the  bill.  If  two-thirds  of  the  mem- 
bers, on  reconsideration,  vote  to  pass  the  bill,  it  is 
sent  to  the  other  house,  which  also  enters  the  message  on 


316   THE  GOVERNMENT  OF  THE  UNITED  STATES 

its  journal  and  proceeds  to  reconsider  it.  If  two-thirds 
of  this  house  also  vote  for  the  bill,  it  becomes  a  law 
notwithstanding  the  President's  objections.  The  bill  is 
now  said  to  pass  over  the  President's  veto.  la  voting 
on  vetoed  bills  the  Houses  must  vote  by  yeas  and  nays, 
and  the  names  of  those  voting  be  entered  on  the  journal. 
If  the  house  to  which  the  bill  is  returned  fails  to  give  it  a 
two-thirds  vote,  the  matter  goes  no  farther;  if  the  second 
one  fails  to  give  it  such  vote,  the  failure  is  also  fatal. 
In  either  case  the  President's  veto  is  said  to  be  sustained. 

3.  The  President  may  keep  the  bill  in  his  possession, 
refusing  either  to  approve  or  disapprove  it.  In  this  case', 
it  also  becomes  a  law,  when  ten  days,  counting  from  the 
time  that  the  bill  was  sent  to  him,  have  expired,  not  in- 
cluding Sundays.  However,  to  this  rule  there  is  one 
important  exception.  If  ten  days  do  not  intervene  be- 
tween the  time  that  the  President  receives  the  bill  and 
the  adjournment  of  Congress,  not  counting  Sundays,  it 
does  not  become  a  law.  Accordingly  the  failure  of  the 
President  to  sign  or  to  return  a  bill  passed  within  ten 
days  of  the  adjournment  defeats  it  as  effectually  as  a 
veto  that  is  sustained  by  Congress  could  defeat  it.  The 
President  sometimes  takes  this  last  course,  in  which  case 
he  is  said  to  "pocket"  a  bill  or  to  give  it  a  "pocket"  veto. 

4  1 8.  Orders,  Resolutions,  and  Votes.  —  Every 
order,  resolution,  or  vote  to  which  the  concurrence  of 
both  Houses  of  Congress  is  necessary,  save  on  questions 
of  adjournment,  must  be  sent  to  the  President  for  his 
approval.  This  rule  prevents  Congress  enacting  meas- 
ures to  which  the  President  may  be  opposed  by  calling 
them  orders,  resolutions,  or  votes  and  not  bills.  Still 
the  resolutions  of  a  single  house,  or  joint  resolutions  that 
merely  declare  opinions  and  do  not  enact  legislation,  are 
not  subject  to  this  rule.  Nor  is  it  necessary  for  the  Pres- 


THE    ORGANIZATION    OF    CONGRESS  317 

ident  to  approve  resolutions  proposing    amendments  to 
the  Constitution  of  the  United  States. 

419.  The  Committee  System. — To  a  great  extent 
legislation  is  carried  on  in  both  Houses  by  means  of  com- 
mittees.    These  are  of  two  kinds.      Standing  committees 
are  appointed  on  certain  subjects,  as  commerce,  the  post- 
office,  and  foreign  affairs,  for  a  Congress.     Special  com- 
mittees are  appointed  for  special  purposes.   The  House  of 
Representatives  has  more  than  fifty  standing  committees; 
the  Senate  not  quite  so  many.     All  House  committees 
are  appointed  by  the  Speaker.     Senate  committees  are 
elected  by  the   Senators  on  caucus   nominations.     The 
standing  committees  of  the  House  consist  of  from  three 
to  seventeen  members;  of  the  Senate  from   two  to  thir- 
teen.    The  committees  draw  up  bills,   resolutions,    and 
reports,  bringing  them  forward  in  their  respective  houses. 
To  them  also  bills  and  resolutions  introduced  by  single 
members  are  almost  always   referred    for  investigation 
and  report  before  they  are  acted  upon  in  the  house. 

420.  Adjournments. — The  common  mode   of    ad- 
journment is  for  the  two  Houses  to  pass  a  joint  resolution 
to  that  effect,  fixing  the  time.    The  President  may,  in  case 
of  a  disagreement   between  the   Houses   respecting   the 
time  of  adjournment,  adjourn  them  to  such   time  as  he 
thinks  proper;  but  no  President  has  ever  had  occasion  to 
do  so.   Neither  House,  during  the  session  of  Congress, 
can,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  or  to  any  other   place   than   the  one  in 
which  Congress  shall  be  sitting  at  the  time.    It  is  therefore 
practically  impossible  for  the  two  Houses  to  sit  in  differ- 
ent places,  as  one  in  Washington  and  the  other  in  Bal- 
timore.    As  is  elsewhere  explained,  the  Senate  may  sit 
alone  to  transact  executive  business,  if  it  has  been  con- 
vened for  that  purpose. 


CHAPTER   XLVII 

THE    IMPEACHMENT    OF    CIVIL    OFFICERS 

The  American  Government.     Sections  302-311;  484. 

42  I .  Impeachment  Defined. — In  the  legal  sense,  an 
impeachment  is  a  solemn  declaration  by  the  impeaching 
body  that  the  person  impeached  is  guilty  of  some  serious 
misconduct  that  affects  the  public  weal.  In  the  United 
States,  the  President,  Vice-President,  and  all  other  civil 
officers  are  subject  to  impeachment  for  treason,  bribery, 
or  other  high  crimes  and  misdemeanors.  In  England, 
military  officers  and  private  persons  may  be  impeached 
as  well  as  civil  officers.  The  "other  crimes  and  misde- 
meanors" mentioned  in  the  Constitution  are  not  necessa- 
rily defined  or  prohibited  by  the  general  laws.  In  fact, 
few  of  them  are  so  treated.  Impeachment  is  rather  a 
mode  of  punishing  offenses  that  are  unusual,  and  that, 
by  their  very  nature,  cannot  be  dealt  with  in  the  general 
laws.  Thus  Judge  Pickering  was  impeached  in  1803  for 
drunkenness  and  profanity  on  the  bench,  and  Judge 
Chase  the  next  year  for  inserting  criticisms  upon  Presi- 
dent Jefferson's  administration  in  his  charge  to  a  grand 
jury,  while  President  Johnson  was  impeached  in  1867, 
among  other  things,  for  speaking  disparagingly  of  Con- 
gress. But  none  of  these  acts  were  prohibited  by  the 
laws.  Senators  and  Representatives  are  exempt  from 
impeachment. 

422.  The  Power  ol  the  House. — The  House  of 
Representatives  has  the  sole  power  of  impeachment,  as 

318 


THE    IMPEACHMENT    OF    CIVIL    OFFICERS  319 

the  House  of  Commons  has  in  England.  The  following 
are  the  principal  steps  to  be  taken  in  such  case.  The 
House  adopts  a  resolution  declaring  that  Mr.  —  -  be  im- 
peached. Next  it  sends  a  committee  to  the  Senate  to 
inform  that  body  of  what  it  has  done,  and  that  it  will  in 
due  time  exhibit  articles  of  impeachment  against  him  and 
make  good  the  same.  The  committee  also  demands  that 
the  Senate  shall  take  the  necessary  steps  to  bring  the 
accused  to  trial.  Then  the  House  adopts  formal  articles 
of  impeachment,  denning  the  crimes  and  misdemeanors 
charged,  and  appoints  a  committee  of  five  managers  to 
prosecute  the  case  in  its  name,  and  in  the  name  of  the 
good  people  of  the  United  States.  These  articles  of 
impeachment  are  similar  to  the  counts  of  an  indictment 
found  by  a  grand  jury  in  a  court  of  law. 

423.  The  Power  of  the  Senate. — The  action  of  the 
House  of  Representatives  settles  nothing  as  to  the  guilt 
or  innocence  of  the  person  accused.  The  Constitution 
places  the  power  to  try  impeachments  exclusively  in  the 
Senate,  as  in  England  it  is  placed  exclusively  in  the  House 
of  Lords.  So  when  the  House  has  taken  the  first  step 
described  in  the  last  paragraph,  the  Senate  takes  the 
action  that  is  demanded.  It  fixes  the  time  of  trial,  gives 
the  accused  an  opportunity  to  file  a  formal  answer  to  the 
charges  that  have  been  made  against  him,  and  cites  him  to 
appear  and  make  final  answer  at  the  time  that  has  been 
fixed  upon  for  the  trial.  The  Senators  sit  as  a  court, 
and  when  acting  in  such  a  capacity  they  must  take  a 
special  oath  or  affirmation.  When  the  President  is 
tried,  the  Chief  Justice  presides.  No  person  shall  be 
convicted  unless  two-thirds  of  the  Senators  present  vote 
that  he  is  guilty  of  one  or  more  of  the  offenses  charged. 
As  the  Vice-President  would  have  a  personal  interest  in 
the  issue  should  the  President  be  put  on  trial,  owing  to 


32O  THE  GOVERNMENT  OF  THE  UNITED  STATES 

the  fact  that  the  Vice-President  succeeds  to  the  presi- 
dency in  case  of  the  removal  of  the  President,  it  would 
manifestly  be  a  gross  impropriety  for  him  to  preside  in 
such  case.  He  would  be  in  a  position  to  influence  the 
verdict. 

424.  The  Trial.— The  Senate  sits  as  a  court,  as  be- 
fore explained.      The  ordinary  presiding  officer  occupies 
the  chair  on  the  trial,  save  in   the  one  excepted  case  of 
the  President.    At  first  the  House  of  Representatives  at- 
tends as  a  body,  but  afterwards  only  the  five  managers 
are    expected    to    attend.     The  accused  may  attend  in 
person  and  speak  for  himself;  he  may  attend  in  person, 
but  entrust  the  management  of  his  cause  to  his  counsel; 
he  may  absent  himself  altogether,  and  either  leave  his 
cause  to  his  counsel  or  make  no  defense  whatever.    Wit- 
nesses may  be   brought  forward  to  establish  facts,  and 
all  other  kinds  of  legal  evidence  may  be  introduced.     The 
managers  and   the  counsel   of  the  accused  carry  on  the 
case  according  to  the  methods  established  in  legal  tribu- 
nals.    When  the   case  and   the  defense  have  been  pre- 
sented, the  Senators  discuss   the  subject  in  its  various 
bearings,  and  then  vote  yea  or  nay  upon  the  various  arti- 
cles that  have  been  preferred.     The  trial  is  conducted 
with  open  doors,  but    the    special  deliberations   of  the 
Senate  are  carried  on  behind  closed  doors.      A  copy  of 
the  judgment,  duly  certified,  is  deposited  in  the  office  of 
the  Secretary  of  State. 

425.  Punishment  in   Case   of  Conviction. — The 
Constitution  declares  that  judgment  in  cases  of  convic- 
tion shall  not  go  further  than  to  work  the  removal  of  the 
officer  convicted  from  his  office,  and  to  render  him  dis- 
qualified to  hold  and  enjoy  any  office  of  honor,  trust,  or 
profit  under  the  United  States.     It  declares  also  that  all 
persons  who  are  impeached  shall  be  removed  from  office 


THE    IMPEACHMENT    OF    CIVIL    OFFICERS  32! 

on  conviction  by  the  Senate.  Here  the  subject  is  left.  It 
is  therefore  for  the  Senate  to  say  whether,  in  a  case  of 
conviction,  the  officer  convicted  shall  be  declared  dis- 
qualified to  hold  office  or  not,  in  the  future,  and  this  is  as 
far  as  the  discretion  of  the  Senate  extends.  Whatever  the 
punishment  may  be,  it  is  final  and  perpetual.  The  Pres- 
ident is  expressly  denied  the  power  to  grant  reprieves 
and  pardons  in  impeachment  cases.  This  is  because 
such  power,  once  lodged  in  his  hands,  would  be  peculiarly 
liable  to  abuse.  But  this  is  not  all.  If  the  crimes  or 
misdemeanors  of  which  an  officer  has  been  convicted  are 
contrary  to  the  general  laws,  he  is  still  liable  to  be  in- 
dicted, tried,  judged,  and  punished  by  a  court  of  law 
just  as  though  he  had  not  been  impeached. 

426.  Impeachment  Cases. — There- have  been  but 
seven  such  cases  in  the  whole  history  of  the  country. 
William  Blount,  Senator  from  Tennessee,  1797-98;  John 
Pickering,  District  Judge  for  New  Hampshire,  1803-1804; 
Samuel  Chase,  Justice  of  the  Supreme  Court,  1804- 
1805;  James  Peck,  District  Judge  for  Missouri,  1829- 
1830;  W.  W.  Humphreys,  District  Judge  for  Tennessee, 
1862;  Andrew  Johnson,  President  of  the  United  States, 
1867;  W.  W.  Belknap,  Secretary  of  War,  1876.  Only 
Pickering  and  Humphreys  were  found  guilty. 


CHAPTER  XLVIII 

THE  GENERAL  POWERS  OF  CONGRESS 

The  American  Government.    Sections  341-418. 

In  a  free  country  the  legislative  branch  of  the  govern- 
ment tends  to  become  the  most  powerful  of  all  the 
branches,  overtopping  both  the  executive  and  the  judi- 
ciary. This  is  true  in  the  United  States.  The  powers 
of  Congress  are  divisible  into  general  and  special  pow- 
ers, of  which  the  first  are  by  far  the  more  important. 
The  general  powers  are  described  in  section  8,  Article  1, 
of  the  Constitution,  and  occupy  eighteen  clauses.  They 
will  now  be  described. 

427.  Taxation. — Revenue  is  the  life-blood  of  govern- 
ment. The  first  Government  of  the  United  States  failed 
miserably,  and  largely  because  it  could  not  command 
money  sufficient  for  its  purposes.  When  the  present 
Government  was  constituted,  good  care  was  taken  to 
guard  this  point.  It  was  clothed  with  the  most  ample 
revenue  powers.  Congress  may,  without  limit,  lay  and 
collect  taxes  to  pay  the  debts  and  provide  for  the  common 
defense  and  general  welfare  of  the  United  States.  These 
taxes  are  of  two  kinds,  direct  and  indirect.  Direct 
taxes  are  taxes  on  land  and  incomes  and  poll  or  capita- 
tion taxes.  Here  the  taxes  are  paid  by  the  person  owning 
the  land  or  enjoying  the  income.  Taxes  on  imported 
goods,  called  customs-duties  and  sometimes  imposts, 
and  taxes  on  liquors  paid  at  the  distillery  or  brewery, 
and  on  cigars  and  tobacco  paid  at  the  factory,  are  indirect 
taxes.  Here  the  tax  is  added  to  the  price  of  the  article 

322 


THE  GENERAL  POWERS  OF  CONGRESS      323 

by  the  person  who  pays  it  in  the  first  instance,  and  it  is 
ultimately  paid  by  the  consumer.  Taxes  of  the  second 
class  are  collectively  known  as  internal  revenue  to 
distinguish  them  from  customs  or  duties,  which  might  be 
called  external  revenue.  The  term  excise,  used  in  the  Con- 
stitution but  not  in  the  laws,  applies  to  this  great  group 
of  taxes.  They  are  collected  through  the  Internal 
Revenue  Office  in  the  Treasury  Department.  Direct 
taxes  have  been  levied  only  five  times  by  the  National 
Government.  Customs  and  internal  revenue  have  al- 
ways been  its  great  resources. 

428.  Special   Rules. — In    levying    taxes    Congress 
must  conform  to  several  rules  that  the  Constitution  pre- 
scribes.  All  taxes  must  be  uniform  throughout  the  United 
States.      In  legislating  on  commerce  and  revenue,  Con- 
gress must   take  care  not  to  show  a  preference  for  the 
ports  of  one  State  over  those  of  another  State.     Direct 
taxes,  like  Representatives,  must  be  apportioned  among 
the  States  according  to  population.      And  finally,  no  tax 
or  duty  can  be  laid  on  any  article  of  commerce  exported 
from  any  State. 

429.  Borrowing  Money — Bonds. — Public  expendi- 
tures cannot   always  be  met  at   the  time   by  the   public 
revenues.      It  becomes  necessary  in  emergencies  for  gov- 
ernments to  borrow  money  and  contract  debts.    Congress 
borrows  money  on  the  credit  of  the  United  States.     The 
principal  way  in  which  it   exercises  this  power  is  to  sell 
bonds.   These  bonds  are  the  promises  or  notes  of  the  Gov- 
ernment, agreeing  to  pay  specified  amounts  at  specified 
times  at   specified   rates   of  interest.      During    the  Civil 
War  more  than  five  billion  dollars  of  such   bonds   were 
sold,  many  of  them  to  replace  others  that  were  cancelled. 
At  the  present  time  a  large  amount  of  Government  bonds 
is  outstanding. 


324     THE    GOVERNMENT    OF    THE    UNITED    STATES 

43O.  Treasury  Notes. — Congress  also  authorizes  the 
issue  of  Treasury  notes,  called  by  the  Constitution  "  bills 
of  credit. "  They  are  paid  out  by  the  Treasury  to  meet  the 
expenses  of  the  Government,  and  while  they  continue  to 
circulate  they  constitute  a  loan  that  the  people  who  hold 
them  have  made  to  the  Government.  Such  notes  were 
occasionally  issued  before  the  Civil  War,  and  since  that 
event  they  have  played  a  very  important  part  in  the 
history  of  the  National  finances.  In  1862  Congress 
authorized  the  issuance  of  Treasury  notes  that  should 
be  a  legal  tender  in  the  payment  of  all  debts,  public  and 
private,  except  duties  on  imports  and  interest  on  the 
National  debt.  These  notes  were  not  payable  on  demand, 
or  at  any  particular  time;  they  did  not  bear  interest,  and 
were  not  for  the  time  redeemable  in  gold  or  silver,  which, 
since  1789,  had  been  the  only  legal-tender  currency  of 
the  country.  In  1879  the  Treasury,  in  obedience  to 
a  law  enacted  several  years  before,  began  to  redeem 
these  notes  in  gold  on  presentation,  and  it  has  continued 
to  do  so  until  the  present  time.  Still  they  have  never 
been  retired  from  circulation,  or  been  cancelled  on 
redemption,  but  have  been -paid  out  by  the  Treasury  the 
same  as  other  money  belonging  to  the  government. 
They  are  popularly  called  "  greenbacks." 

43  I .  Commerce. — Congress  has  power  to  regulate 
commerce  with  foreign  nations,  among  the  States,  and 
with  the  Indian  tribes.  The  exclusive  control  of  commerce 
by  the  States,  under  the  Confederation,  was  a  great  cause 
of  the  hopeless  weakness  of  that  government.  (See 
Chap.  XXVII.)  It  may  indeed  be  said  that  the  com- 
mercial necessities  of  the  country,  more  than  anything 
else,  compelled  the  formation  of  the  new  Government  in 
1789.  Tariff  laws,  or  laws  imposing  duties  on  imported 
goods,  are  regulations  of  commerce,  and  so  are  laws 


THE  GENERAL  POWERS  OF  CONGRESS 

imposing  tonnage  duties,  or  duties  on  the  carrying 
capacity  of  ships,  and  laws  prescribing  the  manner  in 
which  the  foreign  trade  of  the  country  shall  be  carried 
on.  The  construction  or  improvement  of  harbors,  the 
building  of  lighthouses,  surveys  of  the  coasts  of  the 
country,  and  laws  in  relation  to  emigration  all  come 
under  the'same  head.  In  order  the  better  to  regulate 
commerce  among  the  States,  Congress  created  the 
Interstate  Commerce  Commission,  and  it  has  passed  a 
law  in  relation  to  the  subject  of  trusts.  The  Constitu- 
tion lays  down  the  rule  relating  to  interstate  com- 
merce that  vessels  bound  to  or  from  one  State  to 
another  shall  not  be  required  to  enter  or  clear,  or  to 
pay  duties. 

432.  Naturalization. — All  persons  born  or  natural- 
ized in  the  United  States  and  subject  to  their  jurisdiction 
are  citizens  of  the  United  States,  and  of  the  State  in  which 
they  reside.  Citizenship,  or  the  state  of  being  a  citizen, 
is  membership  in  the  state,  or  body  politic.  Congress 
has  provided  that  a  foreigner,  unless  he  belongs  to  the 
Mongolian  race,  may  become  a  citizen,  or  be  naturalized, 
as  the  saying  is,  on  his  compliance  with  certain  terms 
and  conditions.  A  residence  of  five  years  is  necessary. 
Two  years  before  his  admission  to  citizenship  the  alien 
must  declare  on  oath,  before  a  court  of  record,  his 
intention  to  become  a  citizen.  On  the  expiration  of  the 
two  years,  he  must  prove  to  this  court,  or  some  other 
one  having  the  same  jurisdiction,  that  he  has  resided  in 
the  United  States  at  least  five  years,  and  in  the  State  or 
Territory  at  least  one  year;  that  he  is  a  man  of  good 
moral  character;  that. he  is  attached  to  the  Constitution, 
and  that  he  is  well  disposed  to  the  United  States.  He 
must  also  swear  to  support  the  Constitution,  must 
renounce  all  allegiance  to  any  foreign  state  or  prince, 


326  THE  GOVERNMENT  OF  THE  UNITED  STATES 

* 

and  lay  aside  any  title  of  nobility  that  he  has  held.  He 
then  receives  a  certificate  stating  that  he  is  a  citizen  of 
the  United  States,  and  he  becomes  entitled  to  all  the 
rights  of  a  native-born  citizen,  except  that  he  can  never 
be  President  or  Vice-President.  His  wife  and  his  chil- 
dren under  twenty-one  years  of  age  also  become  citizens. 
All  laws  in  relation  to  naturalization  must  be  uniform. 
The  States  may  confer  political  rights  upon  foreigners,  as 
the  right  to  own  land  and  vote  within  the  State,  but  they 
cannot  confer  citizenship. 

433.  Bankruptcies. — A  person  who  is  insolvent,  or 
unable  to  pay  his  debts,  is  termed  a  bankrupt;  and  a  law 
that  divides  the  property  of  such  person  among  his  cred- 
itors and  discharges  him  from   legal  obligation  to  make 
further  payment,  is  termed  a  bankrupt  law.     Congress 
has  power  to  pass  uniform  laws  in  relation  to  this  sub- 
ject.    It  has  passed  four  such  laws,  one  in  1800,  one  in 
1840,  one  in  1867,  and  one  in  1898.      The  States  some- 
times pass  insolvent  laws  having  somewhat  the  same 
effect   as   bankrupt   laws,  but  they  are  always   subject 
to   the    National    bankrupt   law  when   there  is  one  in 
force. 

434.  Coinage   of   the   United  States. — Congress 
coins  money  and  regulates  its  value  and  the  value  of  for- 
eign coin  circulating  in,  the  country.     This  power,  taken 
in  connection  with  other  powers,  enables  Congress,  if  it 
chooses,  to  regulate  the  whole  subject  of  money.     At 
the  present   time  the   National   mints  are  open  to  all 
persons  for  the  coinage  of  gold.    Depositors  of  standard 
gold  are  charged  merely  the  value  of  the  copper  used  in 
alloying  the  coin.     The  gold  coins  of  the  Government 
are  the   double-eagle,  eagle,   half-eagle,  quarter-eagle, 
three-dollar  piece,  and  one-dollar  piece.      These  coins 
are  legal  tender  in   payment  of  all   debts,    public  and 


THE  GENERAL  POWERS  OF  CONGRESS      327 

private.1  Silver  coins  are  now  struck  at  the  mints  only 
on  account  of  the  Government,  and  not  on  account  of 
private  persons.  These  coins  are  the  half-dollar,  quar- 
ter-dollar, and  dime,  which  are  legal  tender  for  debts 
not  exceeding  ten  dollars.  The  Government  also  strikes 
coins  of  base  metal  for  small  change;  the  five-cent 
piece  and  the  one-cent  piece,  which  are  legal  tender  in 
sums  not  exceeding  twenty-five  cents.  At  different  times 
still  other  coins  have  been  struck,  and  some  of  them  are 
still  in  circulation.  Mention  may  be  made  of  the  dollar, 
the  trade  dollar,  the  two-cent  piece,  and  the  half-dime. 
435.  The  Silver  Dollar.— The  silver  dollar  was  the 
original  money-unit  of  the  United  States.  It  was  coined, 
though  never  in  very  large  quantities,  from  the  founding 
of  the  mint  in  1792  until  1873,  when  it  was  dropped  from 
the  list  of  legal  coins.  This  fact  is  expressed  in  the 
phrase,  "silver  was  demonetized."  The  minor  silver 
coins,  however,  were  produced  as  before.  -Congress 
also  authorized  for  several  years  a  new  coin,  called 
the  trade  dollar.  In  1878  Congress  restored  the  old 
silver  dollar  to  the  list  of  authorized  coins,  and  in- 
structed the  Secretary  of  the  Treasury  to  purchase  silver 
bullion  for  the  Government  and  to  coin  it  into  dollars, 
not  less  than  $2,000,000,  nor  more  than  $4,000,000,  a 
month.  These  dollars  were  also  made  a  legal  tender. 
In  1890  Congress  passed  a  further  act  instructing  the 
Secretary  to  purchase  4,500,000  ounces  of  silver  a  month 
on  Government  account,  as  before,  and  to  coin  it  after 
July,  1891,  at  his  discretion.  In  1893  Congress  repealed 
the  purchase  clause  of  the  previous  act,  and  the  further 

1  I^egal- tender  money  is  money  with  which  a  debtor  can  legally 
pay  a  debt;  that  is,  if  he  offers  or  tenders  this  money  to  his  credi- 
tor, and  his  creditor  refuses  to  take  it,  he  is  not  obliged  to  make 
other  payment. 


328  THE  GOVERNMENT  OF  THE  UNITED  STATES 

coinage  of  silver  dollars  was  discontinued.  At  no  time 
since  1873  have  private  persons  been  permitted  to 
deposit  silver  at  the  mints  for  coinage. 

436.  Fineness  and  Weight  of  Coins  and  Ratio  of 
Metals. — The  gold  and  silver  coins  of  the  United  States 
are  nine-tenths  fine;  that  is,  nine  parts  of  the  coins  are 
pure  metal  and  one  part  is  alloy.     This  is  called  standard 
metal.    Since  1834,  the  gold  dollar  has  contained  23.2  grs. 
of  pure  metal  and  25.8  grs.  of  standard  metal.   Since  1792 
the  silver  dollar  has  contained  371^  grs.  of  pure  metal, 
and  since  1837,  412^  grs.  of  standard  metal.      It  is  com- 
mon to  call  the  last  named  coin  the  412^  gr.  dollar.    The 
amount  of  pure  silver  in  a  dollar's  worth  of  the  minor 
coins  is  347.22  grs.,  and  of  standard  silver  385.8  grs.  The 
ratio  of  the  gold  dollar  to  the  silver  dollar  is  popularly 
said  to  be   1  to   16.     Exactly  it   is   1   to    15.988.     This 
has  been  the  legal  ratio  since  1834.     When  it  was  estab- 
lished Congress   assumed  that  16  grs.   of  silver  (nearly 
so)  were  equal  to  one  grain  of  gold  in  value. 

437.  Gold  and  Silver  Certificates. — To  dispense 
with  the  necessity  of  handling  so  much  metallic  money, 
Congress  has  provided  for  the  issuance  of  gold  and  silver 
certificates.     One  of  these  certificates  is  simply  a  state- 
ment that  in   consequence   of  the  deposit  of dol- 
lars of  gold  or  silver,  as  the  case  may  be,  in  the  Treasury, 
the  Government  will  pay  the  holder  of  the  certificate  the 
corresponding  amount.  These  certificates  pass  as  money, 
but  are  not  a  legal  tender. 

438.  Counterfeiting.— Congress  provides  by  law  for 
punishing  counterfeiting  the  coin  and  securities  of  the 
United  States,  its  notes,  bonds,  etc.     The  term  counter- 
feiting includes  (1)   manufacturing  or  forging  coins  or 
paper  securities;  (2)  putting  forged  coins  or  securities 
in  circulation;   and  (3)   having  them  in   possession  for 


THE  GENERAL  POWERS  OF  CONGRESS      329 

that  purpose.  A  person  guilty  of  any  one  of  these  three 
offenses  is  punishable  on  conviction  by  a  fine  of  not 
more  than  $5,000  and  by  imprisonment  at  hard  labor  for 
not  more  than  ten  years.  Counterfeiting  the  notes  of 
the  National  banks,  letters  patent,  money  orders,  postal 
cards,  stamped  envelops,  etc.,  is  punishable  by  severe 
penalties;  as  is  also  counterfeiting  the  coins  and  securi- 
ties of  foreign  governments. 

439.  The   Independent    Treasury.  —  Previous  to 
1846,  save  for  a  short  period,  the  Government   had  no 
treasury  of  its  own,   but  kept  its  money  in  banks  and 
•checked  it  out  as  it  had  occasion.      In  the  year  named  a 
treasury   was  established  in   the  Treasury  Building  at 
Washington,  provided  with  rooms,  vaults,  and  safes,  and 
a  Treasurer   was    appointed.      Subtreasuries  were  also 
established  in  the   principal  cities   of  the  country  and 
put  in  charge  of  officers  known  as  Subtreasurers.     Sub- 
treasuries  are  now  to  be  found  in  New  York,    Boston, 
Charleston,    Philadelphia,    Baltimore,    Cincinnati,    Chi- 
cago, St.  Louis,  and  San  Francisco. 

440.  The  National  Banks.— In  1863  and  1864  Con- 
gress provided  for  the  creation  of  the  present  system  of 
National  banks,  which  have  played  so  important  a  part 
in  the  business  of  the  country.     These  banks  are  directly 
managed  by  boards  of  directors  chosen  by  their  stock- 
holders, but  they  are  supervised  by  the  Comptroller  of 
the  Currency,  whose  office  is  established  in  the  Treasury 
Department.     Their    notes    or    bills,    which    are    fully 
secured  by  National  bonds  belonging   to  the  banks  that 
are  deposited  in  the  office  of  the  Comptroller  at  Wash- 
ington, constitute  a  National  currency. 

44  I .  Weights  and  Measures. — Congress  has  power 
to  fix  the  standard  of  weights  and  measures,  but  has  never 
fully  exercised  the  power.  In  general  the  standards  in 


330  THE  GOVERNMENT  OF  THE  UNITED  STATES 

use  are  the  same  as  those  in  use  in  England.  The  Eng- 
lish brass  Troy  pound  is  the  legal  Troy  pound  at  the 
mints,  while  the  Imperial  avoirdupois  pound  and 'the 
wine  gallon  rest  upon  usage.  Congress  has  authorized 
the  use  of  the  metric  system  of  weights  and  measures, 
but  has  not  made  it  compulsory. 

442.  The  Postal    Service. — Congress  has  created 
the  vast  postal  system  of  the  country,  the  cost  of  which 
is    now    about    $100,000,000    a    year.       The    mails    are 
carried    by   contractors.      Postmasters   paid    $1,000    or 
more  a  year  are  appointed  by  the  President  for  a  term 
of  four  years;  all  others  by  the   Postmaster-General  at 
his  pleasure.     A  great   majority  of  the  postmasters  do 
not  receive  regular  salaries,    but   a  percentage  on  the 
income  of  their  offices.     Towns  having  gross  post-office 
receipts  of  $10,000  or  more  have  free  mail  delivery  by 
letter-carriers.      In  towns  of  4,000  inhabitants  or  more 
letters  bearing  a  special  10-cent  stamp  are  delivered  by 
a  special  carrier  immediately  on  their  receipt.      Letters 
may  also  be  registered,  to  secure  their  greater  safety  in 
delivery  on   payment   of  a  10-cent  fee.      Money  orders 
are  also  sold  by  certain  post-offices  called  money-order 
offices,    which    to   a  limited    extent    take    the   place  of 
money  in  the  transaction  of  business. 

443.  Rates  of  Postage. — There  are  four  classes  of 
domestic  mail  matter  bearing  different  rates  of  postage. 
All  postage  must  be  pre-paid  in  the  form  of  stamps. 

1.  Letters,   postal  cards,   and  other   written   matter, 
and  all  packages  that  are  closed   to  inspection.     Save 
on  postal  cards  and  drop  letters  mailed  at  non-delivery 
offices,  the  rate  is  two  cents  an  ounce  or  fraction  of  an 
ounce. 

2.  Periodicals,  magazines,   etc.     The   rate  on  matter 
of  this  class   when   sent   from   a   registered  publishing 


THE  GENERAL  POWERS  OF  CONGRESS      331 

office  or  a  news  agency  is  one  cent  a  pound;  when  sent 
otherwise,  it  is\me  cent  for  every  four  ounces. 

3.  Books,  authors'  copy  accompanying   proof-sheets, 
etc.,  are  charged  one  cent  for  two  ounces  or  fraction  of 
the  same. 

4.  Merchandise     limited    to     4-pound    packages     is 
charged  one  cent  an  ounce. 

444.  Copyrights   and  Patent  Bights. — For  pro- 
moting science  and  the  arts,  Congress  provides  that  au- 
thors may  copyright  their  works  and  inventors  patent 
their  inventions  for  limited  times.    The  author  of  a  book, 
chart,  engraving,  etc.,  by  means  of '  a  copyright,  enjoys 
the  sole  liberty  of  printing,  publishing,  and   selling  the 
same  for  twenty-eight  years,  and  on  the  expiration  of 
this  time  he,  if  living,  or  his  wife  or  his  children  if  he  be 
dead,    may   have    the    right    continued    fourteen   years 
longer.     An  inventor  also,   by  means  of  letters  patent, 
enjoys   the    exclusive    right  to  manufacture  and  sell  his 
invention  for   seventeen   years,    and   on   the   expiration 
of  that  period  the  Commissioner    of  Patents  may   ex- 
tend the   right,   if  he   thinks  the   invention  sufficiently 
meritorious.      Copyrights    are  obtained  at  the  office  of 
the  Library  of  Congress,   patent  rights   at  the   Patent 
Office,  both  in  Washington.      The  cost  of  a  copyright 
is  one  dollar  and  two  copies  of  the  book  or  other  work 
copyrighted.      The   cost    of  a  patent    right    is    $35.00. 
Every  article  that  is  copyrighted  or  patented  must  be 
appropriately  marked. 

445.  Piracies  and  Felonies. — Congress  defines  the 
punishment  of  piracies  and  felonies  on  the  high  seas,  and 
offenses  against  the  Law  of  Nations.      In  a  general  sense 
piracy  is  robbery  or  forcible  depredation  of  property  on 
the  seas,  but  Congress  has  by  law  declared  some  other 
acts,    as    engaging    in    the    slave    trade,    to    be  piracy. 


332  THE  GOVERNMENT  OF  THE  UNITED  STATES 

Felonies,  strictly  speaking,  are  crimes  punishable  by 
death.  The  Law  of  Nations  is  a  boay  of  rules  and 
regulations  that  civilized  nations  observe  in  their  inter- 
course one^with  another.  The  high  seas  are  the  main 
sea  or  ocean,  which  the  law  of  nations  limits  by  a  line 
drawn  arbitrarily  at  one  marine  league,  or  three  miles, 
from  the  shore. 

446.  Powers  of  Congress  in  Relation  to  War.— 
Congress  has  the  power  to  declare  war,  which  in  mon- 
archical countries  is  lodged  in  the  Crown.  It  raises  and 
supports  armies.  It  provides  a  navy.  It  makes  rules  for 
the  government  of  the  army  and  navy.  It  provides  for 
calling  out  the  militia  of  the  States  to  execute  the  laws  of 
the  Union,  to  suppress  insurrection,  and  repel  invasion. 
It  provides  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  the  government  of  such  of  them  as  may 
be  called  into  the  service  of  the  United  States;  but  the 
States  have  authority  to  appoint  the  officers  and  to  train 
the  militia  according  to  the  discipline  that  Congress  has 
prescribed.  These  powers  are  very  far-reaching.  Act- 
ing under  the  laws  of  Congress,  President  Lincoln, 
in  the  course  of  the  Civil  War,  called  into  the  service 
of  the  Union  fully  3,000,000  men.  A  navy  counting 
hundreds  of  vessels  was  also  built.  At  present  the  army 
consists  of  65,000  men.  On  January  1,  1899,  the  navy 
consisted  of  229  vessels  in  service,  while  33  more  were  in 
course  of  construction.  The  highest  title  in  the  army  is 
Major-General,  the  highest  in  the  navy  Admiral.  The 
soldiers  of  the  United  States  are  divided  into  the 
regular  troops  and  the  militia.  The  former  are  in 
constant  service;  the  latter  are  the  citizen  soldiery  en- 
rolled and  organized  for  discipline  and  called  into  service 
only  in  emergencies.  In  the  fullest  sense  of  the  word, 
the  militia  are  the  able-bodied  male  citizens  of  the  States 


THE  GENERAL  POWERS  OF  CONGRESS      333 

between  the  ages  of  eighteen  and  forty-five.  The  Pres- 
ident cannot  call  them  into  active  service  for  a  longer 
period  than  nine  months  in  any  one  year.  In  service, 
they  are  paid  the  same  as  the  regular  troops. 

447.  The  Federal  District. — Previous  to  1789  the 
United  States  had  no  fixed  seat  of  government,  and  Con- 
gress sat  at  several  different  places.    The  resulting  evils 
led  the  Convention  of  1787  to  authorize  Congress  to  exer- 
cise an  exclusive  legislation  over  a  district,  not  more  than 
ten  miles  square,  that  particular  States  might  cede  and 
Congress  might  accept  for  a  capital.     The    cession  of 
Maryland  and  the  acceptance  of  Congress  made  the  Dis- 
trict  of  Columbia   the    Federal  District,  and  an  act  of 
Congress  made  Washington    the   Capital  of  the  Union. 
The  various  branches  of  the  Government  were  established 
there  in  1800.      The  District  is  now  governed  by  a  board 
of  three  commissioners,  two  appointed  by  the  President 
and  Senate,  and    one  an   engineer   of   the  army  who  is 
detailed  by  the  President   for  that   purpose.      Congress 
pays  one-half  the  cost  of  government,  the  people  of  the 
District   the  other  half.      Congress  also  has  jurisdiction 
over  places  within  the  States  that  have  been  purchased 
for   forts,    arsenals,    magazines,    dock-yards,    and  other 
needful  public  buildings. 

448.  Necessary  Laws. — It  must  be  borne  in  mind 
that  the  government  of  the  United  States  is  a  government 
of   delegated  powers.     Still    these    powers    are    not  all 
expressly  delegated.     There   are  powers    delegated  by 
implication,  as  well  as  powers  delegated  in  words.    Con- 
gress is  expressly  authorized  to  make  all  laws  that  are 
necessary  for  carrying  into  effect  the  powers  that  have 
been  described  above,  and   all    other  powers    that  the 
Constitution  vests    in    the  Government  of    the    United 
States,  or  any  department  or  officer  of  that  Government. 


334  THE  GOVERNMENT  OF  THE  UNITED  STATES 

Congress,  improves  harbors,  erects  lighthouses,  builds 
post-offices  and  custom  houses,  and  does  a  thousand 
other  things  that  are  not  particularly  named  in  the  Con- 
stitution, because  in  its  judgment  they  are  necessary  to 
the  execution  of  powers  that  are  particularly  named. 
The  power  to  establish  post-roads  and  post-offices,  for 
example,  or  to  create  courts,  involves  the  power  to  build 
buildings  suitable  for  these  purposes.  This  is  known  as 
the  doctrine  of  implied  powers 

Looking  over  the  general  powers  of  legislation  that 
are  vested  in  Congress,  described-  above,  we  see  how 
necessary  they  are  to  a  strong  and  efficient  government. 
They  are  the  master  power,  the  driving  force,  of  our 
whole  National  system.  If  these  eighteen  clauses  were 
cut  out  of  the  Constitution,  that  system  would  be  like  a 
steamship  without  an  engine. 


CHAPTER  XLIX 

ELECTION     OF     THE     PRESIDENT    AND    THE     VICE-PRESIDENT 

The  American  Government.     Sections  446-474. 

It  is  the  business  of  the  Executive  Department  of  the 
Government  to  enforce  the  laws  that  the  Legislative  De- 
partment makes.  Government  in  a  free  country  begins 
with  law-making,  but  it  ends  with  law-enforcing.  We 
are  now  to  examine  in  two  or  three  chapters  the  National 
Executive. 

449.  The   Presidency. — Congress  consists  of   two 
Houses,  and  each  house  consists  of  many  members,  but 
the  Executive  office  is  single,  entrusted  to  one  person. 
The  Constitution  vests  the  executive  power  in  the  Presi- 
dent of  the  United  States.     This  difference  is  due  to  the 
nature  of  the  things  to  be  done.      Legislation  demands 
varied  knowledge,  comparison  of  views,  and  deliberation. 
Administration  calls  for  vigor,  unity  of  purpose,  and  sin- 
gleness of  responsibility.     The  burden  of  National  ad- 
ministration is  imposed  upon  the  shoulders  of  one  man. 

450.  Presidential  Electors. — The  President  and  the 
Vice-President  are  elected  by  Electors  appointed  for  that 
purpose.     Each  State  appoints,  in  such   manner   as  its 
Legislature  may  determine,  a  number  of  Electors  equal 
to   the   whole  number  of  its  Senators  and  Representa- 
tives in  Congress.     Early  in  the  history  of  the  Govern- 
ment,   different    modes    of    appointing    Electors    were 
followed.     Since  the  Civil  War,  with  a  single  exception, 
there  has  been  only  one  mode.     All  the  States  now  pro- 
ceed in  the  same  way.     This  is  to  submit  the  question  to 

335 


336  THE  GOVERNMENT  OF  THE  UNITED  STATES 

the  people  of  the  States  at  a  popular  election.  With 
this  point  clearly  in  mind,  we  shall  go  forward  to  de- 
scribe the  whole  series  of  steps  that  are  taken  in 
electing  the  President  and  the  Vice-President  of  the 
United  States. 

45  I .  Presidential  Nominations. — Government  in 
the  United  States,  as  in  other  free  countries,  is  carried  on 
by  means  of  political  parties.  These  party  organizations 
desire  to  elect  the  President  and  control  the  Government. 
They  hold  National  conventions,  generally  in  the  period 
June-August  of  the  year  before  a  President  is  to  take  his 
seat,  to  nominate  candidates  for  President  and  Vice- 
President,  and  to  adopt  a  statement  of  party  doctrines 
or  principles  called  a  platform.  These  conventions  are 
constituted  under  fixed  rules,  and  are  convoked  by 
National  committees.  The  Republican  and  Democratic 
conventions  consist  each  of  four  delegates-at-large  from 
every  State,  and  twice  as  many  district  delegates  as  the 
State  has  members  in  the  House  of  Representatives. 
As  a  rule  the  delegates-at-large  are  appointed  by  State 
party  conventions,  and  the  district  delegates  by  district 
conventions.  In  the  Republican  convention  a  majority 
vote  suffices  to  nominate  candidates;  in  the  Democratic 
convention  the  rule  is  two-thirds. 

452.  Electoral  Tickets. — The  next  step  is  to  make 
up  the  State  Electoral  tickets.  First,  State  conventions 
name  two  Electors  for  the  State  called  Electors-at-large, 
or  Senatorial  Electors.  The  conventions  that  name  the 
delegates-at-large  to  the  National  conventions  may,  and 
often  do,  name  also  the  candidates  for  Electors-at-large. 
Next  district  Electors  are  put  in  nomination,  one  from 
a  Congressional  district,  generally  by  district  conven- 
tions. The  names  of  the  candidates  put  in  nomination 
by  a  given  party  brought  together  constitute  the  State 


ELECTION  OF  PRESIDENT  AND  VICE-PRESIDENT     337 

party  ticket.  No  Senator  or  Representative,  or  other 
person  holding  an  office  of  trust  or  profit  under  the 
United  States,  can  be  appointed  an  Elector. 

The  two  steps  that  have  been  described  belong  wholly 
to  the  field  of  voluntary  political  action.  The  Consti- 
tution and  the  laws  have  nothing  whatever  to  do  with 
them. 

453.  Choice  of  Electors. — Congress  fixes  the  day 
upon  which  the  Electors  are  chosen.      It  is  the  same  in  all 
States,  Tuesday  following  the  first  Monday  of  Novem- 
ber, the  day  on  which  members  of  the  House  of  Represen- 
tatives are  elected  in  most   States.      Persons  who  may 
vote  for  State  officers  and  for  Representatives  may  also 
vote  for  Electors.   State  officers  conduct  the  election,  and 
the  Governor  gives  the  successful  candidates  their  cer- 
tificates of  election.     The  appointment  of   the  Electors 
is  popularly  called  the  Presidential  election.     It  is  so  in 
fact  but  not  in  law.      In  point  of  law  the   people  do  not 
elect  the  President  and  the  Vice-President,  but  only  Elec- 
tors who  elect  them.      In  point  of  fact,  as  we  shall  soon 
see,  they  do  both.      All  that  the  National  authority  has 
done  up  to  this  point  is  to  fix  the  time  of  the   appoint- 
ment of  Electors.     Hereafter  that  authority  directs  every 
step  in  the  process. 

454.  Meeting  of  the  Electors. — On  the  second  Mon- 
day of  January,  following  their  appointment,  the  Electors 
meet  at  their  respective  State  capitals  to  vote  for  Presi- 
dent and  Vice-President.     They  name  in  their  ballots 
the  person  for  whom    they   vote    as    President,  and    in 
distinct  ballots  the  person  for  whom  they  vote  as  Vice- 
President.     No  Elector  can  vote  for  persons   for  both 
offices  from  the  same  State  that  he  himself  resides  in:  one 
at  least  of  the  two  candidates  must   belong  to  another 
State.     The  voting  over,  the  Electors  make  distinct  lists 


338     THE    GOVERNMENT    OF    THE    UNITED    STATES 

of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice-President,  and  of  the  number  of  votes 
for  each,  which  lists  they  sign,  certify,  and  seal.  Three 
copies  of  these  lists  are  made.  Two  of  them  they  send 
to  Washington  addressed  to  the  President  of  the  Senate, 
one  by  mail  and  one  by  a  special  messenger.  The  other 
copy  they  deliver  to  the  Judge  of  the  United  States 
District  Court  for  the  district  in  which  they  meet  and 
vote.  Congress  by  law  names  the  day  on  which  the 
Electors  give  their  votes,  and  it  must  be  uniform  through- 
out the  Union.  The  casting  of  their  ballots  by  the  Elec- 
tors is  the  formal  but  not  the  real  Presidential  election. 

455.  Counting  the  Electoral  Votes. — On  the  sec- 
ond Wednesday  of  February,  the  day  named  by  Congress, 
the  Senate  and  the  House  of  Representatives  meet  in  the 
hall  of  the  House  to  witness  the  counting  of  the   Elec- 
toral votes.     The  President  of  the  Senate  presides,  the 
Speaker  of  the  House  sitting  by  his  side.      He  opens  the 
certificates  of  votes  and  hands  them  to  tellers  appointed 
by  the   Houses,   who  read  and   count  the  votes.     The 
President  of  the  Senate  declares  the  result.     The  person 
having  the  greatest  number  of  votes  cast  for  President, 
if  a  majority  of   all,   is  declared  President;    the  person 
having  the  greatest  number  of  votes  for  Vice-President, 
if  a  majority  of  all,  is  declared  Vice-President. 

456.  Election  of  the  President  by  the  House. — If 
no  person  has  received  for  President  the  votes  of  a  major- 
ity of  all  the  Electors  appointed,  the  House  of  Represen- 
tatives must  immediately  choose  the  President  from  the 
three  candidates  who  have  had  the  most  votes  for  that 
office.    This  election  is  by  ballot.    The  votes  are  taken  by 
States,  the  Representatives  from  a  State  having  one  vote. 
Nevada   balances  New  York,   Delaware    Pennsylvania. 
A  quorum  to  conduct  the  election  consists  of  a  member 


ELECTION  OF  PRESIDENT  AND  VICE-PRESIDENT     339. 

or  members  from  two-thirds  of  the  States,  and  a  majority 
of  all  the  States  is  necessary  to  a  choice.  Twice  has  the 
House  of  Representatives  chosen  the  President,  Thomas 
Jefferson  in  1801  and  John  Quincy  Adams  in  1825.  Both 
of  these  elections  were  attended  by  great  excitement. 

If  the  House  fails  to  choose  a  President,  when  the 
choice  devolves  upon  that  body,  by  March  i  following, 
then  the  Vice-President  acts,  as  in  the  case  of  the  death, 
removal,  or  resignation  of  the  President. 

457.  Election  of  the  Vice-President  by  the  Sen- 
ate.— If  no  person  voted  for  as  Vice-President  has  a 
majority  of  all  the  Electors  appointed,  then  the  Senate 
shall  choose  to  that  office  one  of  the  two   candidates 
standing  highest  on  the  list  of  candidates  for  the  Vice- 
Presidency.      A  quorum  for  this  purpose  consists  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority^ 
of  all  the  Senators  is  necessary  to  a  choice. 

458.  Miscellaneous  Provisions. — The  Electors  ap- 
pointed from  a  State  are  often  called  a  college;  the  Elec- 
tors from  all  the  States  the  Electoral  colleges.     Most  of 
the  States  have  empowered  their  colleges  to  fill  vacancies 
that    may   occur  in  their  number.       In    1887    Congress 
passed  an  act  to  provide  for  and  regulate  the  counting  of 
votes  for  President  and  Vice-President,  and  the  decision 
of  questions  arising  thereon.     This  law  gives  the  States 
jurisdiction  over  disputed  appointments  of  Electors.      It 
also  prescribes  the  method  of  proceeding  when  plural 
returns  are   made  from   any  State  and  in  cases  where 
objections  are  made  to  a  single  return.1 

1  The  method  of  electing  President  and  Vice-President  outlined 
above,  is  that  prescribed  by  the  Constitution  as  originally  framed,, 
together  with  the  Twelfth  Amendment.  For  the  change  intro- 
duced by  this  Amendment,  see  the  Amendment  in  connection  with. 
Article  II,  section  1,  clause  3,  of  the  Constitution  as  first  framed. 


34-O  THE  GOVERNMENT  OF  THE  UNITED  STATES 

459.  The  Electoral  System. — When  the  framers  of 
the  Constitution  devised  the  method  of  election  by  means 
of  Electoral  colleges,  they  assumed  that  the  Electors 
would  be  picked  bodies  of  men,  who  would  vote  for 
the  best  men  for  President  and  Vice-President,  regard- 
less of  popular  feeling  and  private  interest.  It  may 
be  said  that  in  the  case  of  Washington  the  plan 
worked  as  they  expected,  but  since  his  second  adminis- 
tration it  has  never  done  so.  No  other  part  of  the 
Constitution  has  proved  so  disappointing  as  the  method 
of  electing  the  President.  In  1804  the  Constitution  was 
amended  to  correct  evils  that  had  declared  themselves 
in  the  election  of  1800;  but  the  Twelfth  Amendment, 
while  accomplishing  its  immediate  purpose,  did  not 
prevent  the  whole  plan  becoming  a  miserable  failure. 
The  men  of  1787  did  not  foresee  the  part  that  politics  and 
political  parties  would  play  in  American  affairs.  As  we 
have  seen,  the  President  and  Vice-President  are  really 
named  by  one  of  the  two  great  political  conventions. 
The  Electors  are  not  chosen  to  exercise  their  own  best 
judgment,  but  to  cast  their  ballots  for  the  party  candi- 
dates. When  once  elected,  the  Electors  are  not  legally 
bound  to  vote  for  these  candidates,  for  the  Constitution 
and  laws  make  no  mention  of  parties  and  conventions; 
but  they  are  bound  as  party  men  and  as  men  of  honor, 
for  they  have  consented  to  be  elected  on  this  under- 
standing. As  the  system  works,  they  have  no  free  will 
whatever,  and  practically  the  Electoral  colleges  are 
pieces  of  useless  governmental  machinery. 


CHAPTER  L 

THE  PRESIDENT'S  QUALIFICATIONS,  TERM,  AND  REMOVAL 
The  American  Government.  Sections  450;  476-482. 

46O.  Qualifications.  —  The  President  must  be  a 
natural-born  citizen  of  the  United  States.  He  must  have 
attained  the  age  of  thirty-five  years,  and  have  been  a 
resident  of  the  country  fourteen  years  at  the  time  of  his 
election.  The  Vice-President  must  have  the  same 
qualifications  as  the  President. 

46  I .  Length  of  Term.— The  term  of  office  of  both 
the  President  and  the  Vice-President  is  four  years,  and  the 
two  officers  are  eligible  to  successive  re-elections.  It  has 
often  been  contended  that  it  would  be  better  to  give  the 
President  a  term  of  six  or  seven  years,  and  then  make 
him  ineligible  to  a  second  election. 

462.  The  President's  Salary. — This  is  fixed  by  Con- 
gress. From  1789  to  1873  it  was  $25,000  a  year;  since 
1873  it  has  been  $50,000.  Congress  also  provides  the 
President  the  furnished  house  known  as  the  White  House 
for  an  official  residence.  The  President's  salary  can 
neither  be  increased  nor  diminished  after  he  has  entered 
on  the  duties  of  his  office.  The  first  of  these  two  prohi- 
bitions makes  it  impossible  for  him  to  enter  into  bargains 
with  members  of  Congress,  whereby  they  shall  receive 
something  that  they  deem  desirable,  at  the  same  time  that 
his  compensation  is  increased.  The  second  prohibition 
makes  it  impossible  for  Congress  to  reduce  his  compen- 
sation, and  so  to  make  the  President  its  dependent  or 
creature.  All  changes  in  the  salary  must  therefore  be 
prospective.  Still  further,  the  President  cannot,  during 

341 


342  THE  GOVERNMENT  OF  THE  UNITED  STATES 

his  continuance  in  office,  receive  any  other  public  emol- 
ument than  his  salary,  such  as  a  gift  or  present  from 
the  United  States  or  from  any  State.  The  salary  of  the 
Vice-President  is  $8,000. 

463.  The  President's  Oath.  —  Before  entering  on 
the  duties  of  his  office,  the  President  must  take  the  fol- 
lowing oath  or  affirmation:      "I  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully  execute  the  office  of  Presi- 
dent of  the  United  States,  and  will,  to  the  best  of  my 
-ability,  preserve,  protect,  and  defend  the  Constitution 
of  the  United  States."     This  oath  is  in  general  a  defini- 
tion of  the  President's  duties.       He  is  exclusively  an 
•executive  officer.     The  occasion  on  which  the  President 
takes  this  oath  is  popularly  called  his  inauguration,  and 
is  marked  by  a  good  deal  of  parade  and  ceremony.    The 
custom  now  is  to  conduct  the  inauguration  on  the  East 
Front  of  the  Capitol  at  Washington.     The  Chief  Justice 
administers    the    oath,  and    the    President    delivers    an 
address  called  his  inaugural  address.     With  the  excep- 
tion of  the  oath,  none  of  these  ceremonies  are  required 
by  the  Constitution    or    the    laws,   and    they   might  be 
dispensed   with.      It   is   also   customary   for  the  Vice- 
President  to  take  his  oath  in  the  Senate  Chamber  and 
to  deliver  a  short  speech  to  the  Senators. 

464.  The    Vice-President.  —  The  only  reason  for 
•creating  the  office  of  Vice-President  was  to  have  a  proper 
officer  at  hand  who  could  succeed  to   the  Presidency  in 
the  case  of  a  vacancy.    The  Vice-President  becomes  Pres- 
ident when  the  President  is  removed,  dies,  resigns,  or  is 
unable  to  discharge  the  powers  and  duties  of  his  office. 
The  President  can  be  removed  only  by  conviction  on  im- 
peachment.     If  he  resigns  he  must  file  his  resignation  in 
writing  in  the  office  of  the  Secretary  of  State.     Jifst  what 
inability  to  discharge  the  duties  of  his  office  is,  has  never 


PRESIDENT'S  QUALIFICATIONS,  TERM,  REMOVAL   343 

been  settled.  President  Garfield  performed  but  one  ex- 
ecutive act  from  July  2, 1891,  to  his  death,  which  occurred 
September  19  following.  It  was  much  discussed  at  the 
time  whether  a  case  of  inability  had  arisen,  but  with  no 
practical  results.  Four  Vice-Presidents  have  become 
Presidents  by  succeeding  to  the  office.  When  the 
Vice-President  becomes  President,  he  succeeds  to  all 
the  powers,  dignities,  responsibilities,  and  duties  of  the 
office  for  the  unexpired  portion  of  the  term  and  ceases  to 
be  Vice-President.  The  Constitution  provides  that  the 
Vice-President  shall  be  the  President  of  the  Senate,  but 
this  is  merely  for  the  purpose  of  giving  dignity  and  con- 
sequence to  an  officer  who,  for  the  most  part,  would 
otherwise  have  nothing  to  do. 

465.  The  Presidential  Succession.  —  Who  shall 
succeed  to  the  Chief  Executive  office  in  case  both  the 
President  and  Vice-President  die,  resign,  are  removed, 
or  are  unable  to  perform  the  duties  of  the  office  ?  The 
Constitution  says  that  Congress  shall  by  law  provide  for 
such  a  case,  declaring  what  officer  shall  act  as  President 
until  the  disability  be  removed  or  a  President  be  elected. 
The  present  law,  which  dates  from  1886,  declares  that 
first  the  Secretary  of  State  shall  succeed,  then  the  Sec- 
retary of  the  Treasury  in  case  of  his  death,  removal,  etc. ; 
afterwards  the  Secretary  of  War,  the  Attorney-General, 
the  Postmaster-General,  the  Secretary  of  the  Navy,  and 
the  Secretary  of  the  Interior  in  this  order.  No  one  of 
these  officers,  however,  can  succeed  unless  he  has  been 
confirmed  by  the  Senate  and  has  all  the  qualifications  that 
are  required  of  the  President.  If  one  of  them  succeeds 
he  fills  the  unexpired  portion  of  the  term  the  same  as 
the  Vice-President.  However,  a  case  of  the  removal, 
etc.,  of  both  the  President  and  the  Vice-President  has 
never  yet  occurred. 


CHAPTER  LI 
THE  PRESIDENT'S  POWERS  AND  DUTIES 

The  American  Government.     Sections  4.83-511. 

As  is  remarked  in  another  place,  the  oath  that  the 
President  takes  on  his  inauguration  is  a  general  defini- 
tion of  his  duties.  Still  the  Constitution  declares  further 
that  he  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted, and  shall  commission  all  officers  of  the  United 
States.  More  than  this,  it  describes  his  duties  with  more 
or  less  detail. 

466.  Army  and  Navy. — The  President  is  comman- 
<ier-in-chief  of  the  army  and  navy  of  the  United   States, 
and  of  the  Militia  of  the  States  also  when  they  are  called 
into  the  National  service.     The  effective  control  of  the 
National  forces  requires  unity  of  judgment,  decision,  and 
responsibility.     It  is  obvious  that  a  congress  or  a  cabinet 
would  be  a  very  poor  body  to  place  at  the  head  of  an 
army.     The  power  entrusted  to  the  President  is  a  great 
one,  but  he  cannot  well  abuse   it  so  long  as  Congress 
alone  can  declare  war,  raise  and  support  the  army,  pro- 
vide the  navy,  make  rules  for  the  government  of  the 
military  and  naval  forces,  and  provide   by  law  under 
what  conditions  the  President  may  call  out  the  militia. 
The  President  delegates  to  chosen  officers  his  authority 
to  command  the  army  and  the  navy  in  actual  service. 

467.  The  Pardoning  Power. — Power  to  try,  convict, 
and  pass  judgment  upon  persons  charged  with  crimes  and 
offenses  under  the  laws  of  the  United  States  is  lodged  in 
the  courts  alone.     But  courts  sometimes  commit  mis- 

344 


THE    PRESIDENT'S    POWERS    AND    DUTIES  345 

takes,  and  sometimes  special  circumstances  arise  that 
make  it  proper  to  exercise  clemency  towards  persons 
who  are  undergoing  punishment  for  crime.  Again,  it 
may  be  wise  to  exercise  clemency  while  the  offender  is 
on  trial,  or  even  before  trial  begins.  So  the  President 
is  authorized  to  grant  reprieves  and  pardons  for  offenses 
against  the  United  States,  except  in  cases  of  impeach- 
ment. A  reprieve  is  a  temporary  suspension  of  punish- 
ment that  has  been  decreed;  a  pardon  is  a  full  release 
from  punishment  either  before  or  after  it  has  been  decreed. 
Commonly,  however,  a  pardon  comes  after  conviction. 

468.  Treaties. — A  treaty  is  a  solemn  engagement  or 
contract  entered  into  between  two  or  more  sovereign  or 
independent  states.   They  relate  to  such  subjects  as  com- 
merce and  trade,  the  rights  of  citizens  of  one  country  in 
the  other,  etc.     Treaties  also  deal  with  the  graver  sub- 
jects of  peace  and  war.     The  power  to  enter  into  a  treaty 
properly  belongs    to  the    executive    branch   of    govern- 
ment,  as    dispatch,  secrecy,  and    unity  of  purpose    are 
called  for.     As  it  might  be  dangerous  in  a  republic  to 
lodge  the  power  exclusively  in  the  Executive's  hands,  it 
is  provided  that  the  President,  by  and  with  the  advice 
and  consent  of   the  Senate,  shall  have  power  to  make 
treaties  with  foreign  states. 

469.  Mode  of  Making  a  Treaty. — Commonly  the 
steps  that  are  taken  are  the  following:    First,  the  treaty  is 
negotiated  or  agreed  upon  by  the  powers.     The  nego- 
tiation is  conducted  on  the  part  of  our  Government  by 
the  Secretary  of  State,  a  minister  residing  at  a  foreign 
capital,  or  a  minister  or  commissioner  appointed  for  the 
purpose.     The  President,  acting  through   the  Depart- 
ment of  State,  directs  the  general  course  of  the  negotia- 
tion.     Secondly,  the  treaty,  when  it  has  been  negotiated, 
is  wholly  in  the  President's  hands.      If  he  disapproves 


346     THE    GOVERNMENT    OF    THE    UNITED    STATES 

it,  he  may  throw  it  aside  altogether.  If  he  approves 
it,  or  is  in  doubt  whether  he  should  approve  it  or  not, 
he  submits  it  to  the  Senate  for  its  advice.  Thirdly,  the 
treaty  is  now  wholly  in  the  Senate's  hands,  except  that 
the  President  may  at  any  time  that  he  chooses  withdraw 
it  from  the  Senate's  further  consideration.  The  Senate 
may  approve  or  disapprove  the  treaty  as  a  whole,  it  may 
propose  amendments,  or  it  may  refuse  to  act  at  all.  If 
the  Senate  amends  the  treaty  it  is  practically  a  new  one, 
and  both  the  President  and  the  foreign  power  must 
assent  to  it  in  its  new  form.  The  fourth  step  is  an  ex- 
change of  ratifications.  This  is  a  formal  act  by  which 
the  powers  concerned  signify  that  all  the  steps  re- 
quired to  make  the  treaty  binding  have  been  taken. 
Finally,  the  President  publishes  the  treaty  and  by  pro- 
clamation declares  it  to  be.  a  part  of  the  law  of  the  land. 
The  Senate  considers  treaties  in  executive  session,  and 
its  advice  and  consent  in  most  cases  is  merely  approval 
or  disapproval  of  what  the  President  has  done.  A  two- 
thirds  vote  of  the  Senate  is  necessary  for  the  ratification 
of  a  treaty. 

47O.  Appointment  of  Officers.  —  The  President 
nominates,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  appoints  ambassadors,  other  public  ministers, 
and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States  that  are  provided  for  by  law, 
unless  the  Constitution  itself  provides  for  them.  Con- 
gress may,  however,  place  the  appointment  of  such  in- 
ferior officers  as  it  thinks  proper  in  the  President  alone, 
in  the  heads  of  Departments,  and  in  the  courts.  The 
President  appoints  his  private  secretary  and  clerks.  The 
appointment  of  a  somewhat  larger  number  of  officers  is 
placed  in  the  courts,  while  the  appointment  of  a  very 
great  number  is  vested  in  the  heads  of  the  Executive 


THE  PRESIDENT'S  POWERS  AND  DUTIES        347 

Departments.  Thus,  the  appointment  of  all  postmasters 
"whose  salary  is  less  than  $1,000  is  placed  in  the  hands 
of  the  Postmaster-General.  When  all  these  exceptions 
liave  been  made,  a  large  number  of  appointments  still 
remains  to  be  made  by  the  President  and  the  Senate. 

47  I.  Mode  of  Appointment. — The  first  step  to  be 
taken  in  filling  an  office  is  for  the  President  to  make  a 
nomination  in  writing  to  the  Senate,  specifying  the  office 
and  naming  the  officer.  The  Senate  refers  the  nomination 
to  its  proper  committee,  as  of  a  judge  to  the  Committee 
on  the  Judiciary,  or  of  a  foreign  minister  or  consul  to 
the  Committee  on  Foreign  Relations.  The  committee 
investigates  the  subject  and  reports  the  nomination  back 
to  the  Senate,  either  with  or  without  a  recommenda- 
tion that  the  nomination  be  confirmed.  The  Senate  then 
grants  or  withholds  its  confirmation,  as  it  is  called.  The 
Senate  acts  in  such  a  case,  as  in  the  case  of  treaties,  in 
••executive  session.  If  the  Senate  refuses  to  confirm,  the 
President  makes  a  second  nomination,  and  so  on  until 
the  place  is  filled.  The  Senate  sometimes  refuses  to 
confirm  a  nomination  if  the  Senators  from  the  State 
where  the  office  is,  or  one  of  them,  objects  to  it.  This 
is  especially  the  case  when  the  Senator  or  Senators  be- 
long to  the  political  party  that  for  the  time  has  a  major- 
ity of  the  body.  This  custom,  which  is  wholly  without 
support  of  law,  is  known  as  the  courtesy  of  the  Senate. 

472.  Ambassadors  and  Other  Public  Ministers. — 
Public  ministers  are  representatives  that  one  state  or 
nation  sends  to  another  to  look  after  its  interests.  Ambas- 
sadors are  the  highest  rank  of  ministers.  The  other  grades 
are  envoys  extraordinary  or  ministers  plenipotentiary, 
ministers-resident,  commissioners,  and  charges  d1  affaires- 
The  United  States  now  have  ambassadors  at  the  capitals 
of  England,  France,  Germany,  Russia,  Italy,and  Mexico, 


348  THE  GOVERNMENT  OF  THE  UNITED  STATES 

and  representatives  of  inferior  grade  at  many  other  capi- 
tals. The  salaries  paid  these  representatives,  who  are  col- 
lectively called  the  diplomatic  service,  range  from  $5,000 
to  $17,500.  The  duties  and  rights  of  ministers  are  denned 
by  the  Law  of  Nations,  called  also  International  Law. 

473.  Receiving  Ministers. — It  is  the  duty  of  the 
President  to  receive  ambassadors  and  other  public  min- 
isters sent  by  foreign  powers  to  our  Government.     This 
ceremony  involves  the  recognition   of  the  power  from 
which  the  minister  comes,  and  also  his  own  recognition  as 
a  man  acceptable  to  the  United  States.      The  President 
can  refuse  to  receive  a  minister  because  he  is  personally 
objectionable,  and  can  dismiss  him  for  the  same  reason. 

474.  Consuls. — The  duties  of  consuls  are  fixed  by 
treaties  and  by  the  municipal  law  of  the  nation  appoint- 
ing them.     In  general  it  may  be  said  that  they  look  after 
the  commercial  interests  of  the  country  at  large,  and  as- 
sist their  countrymen  in  obtaining  commercial  rights  and 
privileges.    They  also  perform  many  other  duties.     They 
are  business  agents  and  do  not  rank  as  ministers.    Some- 
times, however,  diplomatic  duties  are  entrusted  to  them. 
A  consul-general  exercises  supervision  over  the  consuls 
of  his  country  within  the  country  to  which  he  is  sent, 
or  within  some  designated  portion  of  it.     The  President 
appoints  about  30  consuls-general  and  about  300  consuls. 
The  highest  consular  salary  is   $6,000.      Many  consuls 
receive  their  compensation  in  the  form  of  fees. 

475.  Military  and  Naval  Officers. — Unless  other- 
wise provided    by  law,  military  and   naval   officers   are 
appointed  in  the  same  manner  as  civil  officers.     Still  the 
President,  as  commander-in-chief,  has  exclusive  control 
of  the  commands  to  which  they  are  assigned.    He  assigns 
officers  to  their  places  of  duty,  and  removes  them  for 
what  he  deems  sufficient  reasons.     Since   1866  the  lav/ 


THE  PRESIDENT'S  POWERS  AND  DUTIES        349 

has  been  that  no  officer  in  the  military  or  naval  service 
shall,  in  time  of  peace,  be  dismissed  from  service  except 
upon,  and  in  pursuance  of,  the  sentence  of  a  court-mar- 
tial, or  in  commutation  thereof. 

476.  Removal  from  Office. — The  President  has  the 
power  of  removal  as  well  as  of  appointment.      When  the 
Senate  is  in  session  a  removal  is  made  in   the  following 
way:  The  President  sends  to  the  Senate  a  nomination, 
just  as  though  the  office  were  not  already  filled.      If  the 
Senate  confirms  this  nomination,  the  President  then  com- 
missions the  officer  and  he  enters  upon  the  duties  of  his 
•office.     The  former  incumbent  holds  the  office  until  the 
last    of    these   steps    has  been   taken.       If  the   Senate 
refuses  to  confirm,  the  President  must  send  in  a  second 
nomination    or    allow  the  incumbent  to   remain  undis- 
turbed.     In  a  recess  of    the  Senate   a  removal  is  made 
in  a  somewhat   simpler   way.     The   President  now  ap- 
points directly,  and  at  the  same  time  gives  the  appointee 
his  commission,    who    enters  upon  his  office  at    once. 
When  the  Senate   meets  at  its  next  session,  the  Presi- 
dent must  send  to  that  body,  for  its  action,  the  name  of 
the  appointee.      If  the  Senate  confirms  the  nomination, 
that  is  the  end  of  the   matter.      If  it  refuses  to  confirm, 
the  President  must  then  make  a  second  nomination.   In 
-either  case  the  removal  of  the  former  incumbent  is  final 
and  absolute. 

477.  Vacancies. — When  a  vacancy  in  any  office  oc- 
curs while  the  Senate  is  in  session,  the  President  makes 
a  nomination,  and  matters  proceed  just  as  explained  in 
the  last  paragraph.   When  the  vacancy  occurs  in  a  recess 
of   the  Senate,   the  President  appoints  and  commissions 
the  officer,  and  the  Senate  acts  on  the  nomination   at  its 
next  session  just  as  in  the  case  of  a  removal  made  in  the 
recess. 


350  THE  GOVERNMENT  OF  THE  UNITED  STATES 

478.  The  Civil  Service. — The  persons  who  serve  the 
Government  in  civil  or  non-military  capacities  are  collect- 
ively called  the  civil  service.     They  are  divided  into  two 
classes  called  officers  and  employes.     The  two  classes  are 
not  separated  by  any  consistent  rule  or  practice.   Officers, 
who  are  much  inferior  in  numbers  to  employe's,  are  ap- 
pointed and  removed.      Employe's  are  employed  and  dis- 
charged, not  appointed  and  removed.      Laborers  in  the 
navy  yards,  arsenals,  and  the  like  are  employes;   so  are 
many  persons  in  continued  service  at  custom  houses  and 
in  other  offices  as  well  as  many  clerks.      In  1896  the  civil 
service  consisted  of  178,884  persons.     Of  these  113,276- 
were    in    the    Post-office    Department,    23,553    in   the 
Treasury  Department,  14,967  in  the  War  Department, 
and   13,846  in   the   Interior   Department.      The   others 
were  distributed  among  the   other  Departments  of  the 
Government. 

479.  Civil  Service  Reform. — Until  a  short  time  ago 
it  was  the  custom  for  the  President  and  others  who  were 
clothed  with  the   appointing  power   to  make  appoint- 
ments  and   removals  of   officers  for   political   reasons. 
The  same  practice  prevailed  also  in  respect  to  employes. 
On  a  change  of  the  administration,  and  especially  when 
it  involved  a  change  of  party,  great  numbers  of  officers 
and  employes  would  be  removed  or  discharged  to  make 
room    for  others.       A    Democratic    administration    was 
expected  to  turn  out  the  Republicans,  and  a  Republican 
administration    to  turn   out  the   Democrats.     This  was 
called   the   spoils   system.     Soon    after   the  Civil  War 
the  civil  service    began  to  attract    the   attention  of  the 
country.       Men   saw   that   the   spoils   system    was   ac- 
companied   by  great    abuses  and  corruption.     In    1882; 
an    act   was   passed   under  which  the  service   has  been 
materially  reformed.     This   act  does  not   apply  to  any 


THE  PRESIDENT'S  POWERS  AND  DUTIES        351 

office  where  the  joint  action  of  the  President  and 
Senate  is  required  to  make  an  appointment.  It  pro- 
vides that  in  the  Departments  at  Washington,  and 
in  custom-houses  and  post-offices  where  as  many  as 
fifty  clerks  are  employed,  appointments  shall  be  made 
by  reason  of  merit  or  fitness.  Competitive  exam- 
inations are  held,  and  when  a  new  appointment  is 
to  be  made  in  any  Department  or  office,  as  to  fill  a 
vacancy,  it  must  be  filled  from  the  four  persons  stand- 
ing highest  on  the  list  of  those  who  have  passed  the 
examinations.  This  is  called  the  eligible  list.  Every 
State  or  Territory  is  entitled  to  its  fair  share  of  the  ap- 
pointments, and  no  person  can  be  finally  appointed  until 
he  has  served  a  probation  of  six  months.  This  is  called 
the  merit  system.  The  President,  in  the  exercise  of  his 
•discretion  as  the  executive  head  of  the  Government,  has 
extended  this  system  to  many  classes  of  officers  and 
employes  that  the  law  does  not  in  terms  include.  Men- 
tion may  be  made  of  the  Government  Printing  Office 
and  of  the  Postal  Railway  Service. 

48O.  The  President's  Message. — The  President  is 
required  to  give  Congress  information  of  the  state  of 
the  Union  from  time  to  time,  and  to  recommend  to  its 
consideration  such  measures  as,  in  his  judgment,  are 
necessary  and  expedient  for  the  good  of  the  country. 
At  the  opening  of  each  session  of  Congress,  he 
sends  to  the  Houses  a  written  communication  that  is 
styled  a  message,  conveying  such  information  and 
making  such  recommendations.  He  also  sends  in  from 
time  to  time  special  messages,  conveying  special  infor- 
mation or  recommendations  as  occasion  requires.  The 
communications  in  which  the  President  makes  nomina- 
tions, transmits  treaties  to  the  Senate,  and  assigns  his 
reasons  for  refusing  to  sign  bills  are  also  known  as 


352  THE  GOVERNMENT  OF  THE  UNITED  STATES 

messages.  The  heads  of  the  several  Departments  make 
annual  reports  to  the  President,  and  these  the  President 
transmits  at  the  same  time  that  he  sends  in  his  annual 
message.  Collectively  they  are  called  the  Executive 
Documents.  The  Treasury  Department  reports  to  the 
House  of  Representatives. 

48  I .  Special  Sessions  of  Congress.—  The  Presi- 
dent, on  extraordinary  occasions,  may  call  the  Houses  of 
Congress  together  in  special  session.  In  such  cases  he 
transmits  a  message  explaining  why  he  does  so,  and 
recommending  such  action  as  he  thinks  necessary  to  be 
taken.  He  may  also  convene  either  House  of  Congress 
alone,  and  it  is  the  custom  for  the  President,  just  before 
retiring  from  office,  to  issue  a  proclamation  calling  the 
Senate  together  immediately  following  the  inauguration 
of  his  successor.  This  gives  the  new  President  an 
opportunity  to  nominate  his  Cabinet  and  such  other 
officers  as  he  thinks  important  to  appoint  at  that  time. 
No  President  has  ever  found  it  necessary  to  call  the 
House  of  Representatives  by  itself. 


CHAPTER  XLII 

THE  EXECUTIVE  DEPARTMENTS 

The  American  Government.    Sections  511-524. 

The  executive  business  of  the  Government  is  trans- 
acted through  the  eight  Executive  Departments, 
that  Congress  has  by  law  created.  The  President's 
office  in  the  White  House  exists  only  for  his  per- 
sonal convenience  and  is  not  an  office  of  record.  All 
the  public  records  are  kept  in  the  Departments  through 
which  the  business  is  transacted.  The  Departments  are 
established  in  Government  buildings  in  Washington. 
The  names  of  the  Departments,  with  the  dates  of  their 
establishment,  are  as  follows:  State,  Treasury,  War, 
Justice,  formerly  called  the  Office  of  the  Attorney 
General,  and  Post-Office,  1789;  Navy,  1798;  Interior, 
1849,  and  Agriculture,  1889.  The  heads  of  these 
Departments  all  receive  the  same  salary,  $8,000  a  year. 

482.  Department  of  State. — At  the  head  of  this  De- 
partment stands  the  Secretary  of  State,  who  is  considered 
the  head  of  the  Cabinet.  There  are  also  three  Assistant 
Secretaries  of  State.  Under  the  direction  of  the  President, 
the  Secretary  conducts  the  foreign  and  diplomatic 
business  of  the  country.  The  originals  of  all  treaties, 
laws,  and  foreign  correspondence  are  in  his  custody. 
He  also  has  in  his  possession  the  seal  of  the  United 
States,  and  affixes  it  to  public  documents  that  require 
it,  and  also  authenticates  the  President's  proclamations 
with  his  signature.  The  business  of  the  Department 
is  conducted  through  various  bureaus,  such  as  Archives 

353 


354  THE  GOVERNMENT  OF  THE  UNITED  STATES 

and     Statistics,     the     Diplomatic,    and    the    Consular 
Bureaus,  etc. 

483.  Department  of  the  Treasury. — The  Secretary 
of  the  Treasury  proposes  plans  for  the  public  revenues 
and  credit,  prescribes  the  manner  of  keeping  the  public 
accounts,  superintends  the  collection  of  the  revenue, 
issues  warrants  for  the  payment  of  moneys  appropriated 
by  Congress,  and  makes  an  annual  report  of  the  state 
of  the  finances.  The  several  auditors  of  the  Department 
examine  the  accounts  of  the  different  branches  of  the 
public  service;  the  comptrollers  certify  the  results  to  the 
Register,  who  has  charge  of  the  accounts  and  is  the 
National  book  keeper.  The  Treasurer  has  the  moneys 
of  the  Government  in  his  custody,  receiving  and  disburs- 
ing them.  The  Commissioner  of  Customs  looks  after 
the  customs,  the  Comptroller  of  the  Currency  after  the 
National  Banks,  and  the  Commissioner  of  Internal 
Revenue  after  that  part  of  the  public  service.  There 
are  also  directors  of  the  Mint,  of  Statistics,  and  of  Print- 
ing. JThe  head  of  the  Department  is  assisted  by  three 
Assistant  Secretaries. 

484.  Department  of  War. — The  Secretary  of  War 
directs  the  military  affairs  of  the  Government.  He  has 
charge  of  the  army  records,  superintends  the  purchase  of 
military  supplies,  directs  army  transportation  and  the 
distribution  of  stores,  has  the  oversight  of  the  signal 
service  and  the  improvement  of  rivers  and  harbors,  and 
looks  after  the  supply  of  arms  and  munitions  of  war. 
The  Department  contains  ten  bureaus:  The  offices  of 
the  Adjutant,  Quartermaster,  Commissary,  Paymaster, 
and  Surgeon  Generals,  the  Chief  of  Engineers,  the 
Ordnance  and  Signal  Office,  the  Bureau  of  Military 
Justice,  and  the  Military  Academy  at  West  Point. 
There  is  also  an  Assistant  Secretary  of  War. 


THE    EXECUTIVE    DEPARTMENTS  355 

485.  D  epartment  of  Justice. — The  head  of  this  De- 
partment is  the  Attorney-General,  who  is  the  responsible 
adviser  of   the  President  and   the  heads  of   the  other 
Executive  Departments  on  matters  of  law.      He  and  his 
assistants  look  after  the  interests  of  the  Government  in 
the  courts,  prosecuting  or  defending  law  suits  to  which 
the  United  States  are  a  party,  and  passing  upon  the  titles 
of  all  lands  purchased  by  the   Government  for  forts  or 
public   buildings.       There    are    in    the    Department   a 
Solicitor  General,  four  Assistant  Attorney-Generals,  two 
Solicitors  of  the  Treasury,  a  Solicitor  of  Internal  Rev- 
enue,  a  naval  Solicitor,  and  an  Examiner  of  Claims  for 
the  Department  of  State.     The  District  Attorneys  in  the 
different  judicial  districts  are  also  under  the  direction  of 
the  Attorney-General. 

486.  Post -Office   Department.  —  Subject   to  the 
President,  the  Postmaster-General  is  the  head  of  the  vast 
postal  service  of  the  country.     He  has  a  larger  number  of 
subordinates  than  all  the  other  heads  of   Departments 
together.     The  First  Assistant  Postmaster-General  has 
charge  of  salaries  and  allowances,  free  delivery,  money- 
orders,  dead  letters,  and  correspondence.     The  Second 
Assistant    has  charge    of    the  transportation    of    mails, 
including    contracts,    inspection,    railway   adjustments 
mail  equipment,  railway  mail  service,  and  foreign  mails. 
The  Third  Assistant  has  general  charge  of   the  finances 
of  the  department,  including  accounts  and  drafts,  post- 
age stamps  and  stamped  envelopes,  registered  letters  and 
classification  of  mail  matter,  special  delivery  and  official 
files  and   indexes.     The    Fourth  Assistant  has  general 
charge   of   appointments,    including    bonds    and    com- 
missions, appointment  of  post-office  inspectors,  depre- 
dations  on    the    mails,    and    violations    of    the    postal 
laws. 


356  THE  GOVERNMENT  OF  THE  UNITED.  STATES 

487.  Department  of  the  Navy. — The  Secretary  of 
the  Navy  stands  to  this  Department  in  the  same  relation 
that  the  Secretary  of  War  stands  to  the  War  Department. 
There  is  one  Assistant  Secretary.     The  several  bureaus 
of  the  department  are:  Yards  and  Docks,  Equipment  and 
Recruiting,  Navigation,  Ordnance,  Medicine  and  Surgery, 
Provisions  and  Clothing,  Steam  Engineering,  Construc- 
tion and   Repairs.     The  Military  Academy  at  Annapolis 
is  also  subject  to  the  Secretary  of  the  Navy. 

488.  Department  of  the  Interior.— The  business 
intrusted  to  the  Department  of  the  Interior  is  much  more 
miscellaneous  and  diversified  in  character  than  that  in- 
trusted to  any  other  Department.    The  Secretary  has  gen- 
eral oversight  of  the  Patent  Office,  Census  Office,  General 
Land  Office,  and  Pension  Office,   Indian  affairs,   Public 
Buildings,    and    the  Bureau  of   Education.     The  most 
extensive  of  these  subordinate  offices  is  that  of  Pensions, 
which  disburses  $140,000,000  annually.     The  Commis- 
sioner of  Education  collects  facts  and  statistics  in  regard 
to  education  and  publishes  them   in   an  annual  report. 
There  are  two  Assistant  Secretaries  of  the  Interior. 

489.  Department  of  Agriculture. — It  is  the  duty  of 
the  Secretary  of  Agriculture  to  diffuse  among  the  people 
useful  information  on  the  subject  of  agriculture,  in  the 
most  general  and   comprehensive   sense  of   that  term. 
He  has  the  supervision  of   all    quarantine    regulations 
for   the   detention  and  examination  of   cattle  exported 
and  imported  that  may  be  subject  to  contagious  diseases. 
The  Weather  Bureau,  over  which  "  Old  Probabilities" 
presides,  is  in  this  Department.     There  is  one  Assistant 
Secretary. 

490.  The  Cabinet.— The  heads  of  the  eight  Depart- 
ments  constitute   what   is   called   the   Cabinet.       This 
name,  however,  is  a  popular  and  not  a  legal  one.     The 


THE    EXECUTIVE    DEPARTMENTS  357 

law  creates  the  Departments  and  defines  the  duties  of 
their  heads.  The  Constitution  empowers  the  President 
to  call  for  the  opinions  in  writing  of  these  officers  on  mat- 
ters relating  to  their  several  duties.  The  heads  of  De- 
partments are  responsible  to  the  country  so  far  as  their 
duties  are  definedby  law;  for  the  rest  they  are  respon- 
sible to  the  President.  They  meet  frequently  with  the 
President  to  discuss  public  business.  The  President 
defers  more  or  less,  as  he  pleases,  to  the  views  that  they 
offer,  as  he  does  to  the  views  that  they  express  singly 
in  writing  or  in  conversation,  but  the  Cabinet  as  such 
has  no  legal  existence  and  is  not  responsible.  No 
official  record  is  made  of  its  meetings.  The  Constitution 
makes  the  President  alone  accountable  for  the  faithful 
execution  of  the  laws.  Heads  of  Departments  hold 
their  offices  subject  to  the  President's  will;  but  he  holds, 
with  exceptions  given,  four  years.1 

1  See    the    Cabinet    and    the    President's    responsibility,      The 
American  Government,  paragraphs  522,  523,  524,  and  Note. 


CHAPTER  XLIII 

THE    JUDICIAL    DEPARTMENT 

The  American  Government.     Sections  525-577. 

The  third  of  the  independent  branches  of  the  Govern- 
ment of  the  United  States  created  by  the  Constitution  is 
the  Judiciary.  Its  functions  and  organization  will  now 
be  described. 

491.  Judicial  Power  Defined. — It  is  the  business 
of  the  judiciary  to  interpret  the  law  and  apply  it  to  the 
ordinary  affairs  of  life.     The  judiciary  does  not  make  the 
law,  but  it  declares  what  is  law  and  what  is  not.     This  it 
does  in  the  trial  of  cases,  popularly  called  lawsuits.     A 
case  is  some  subject  of  controversy  on  which  the  judicial 
power  can  act  when  it  has  been  submitted  in  the  man- 
ner prescribed  by  law.      It   is   particularly  to  be  noted 
that  the  judicial  power  is  strictly  limited  to  the  trial  and 
determination  of  cases.       Some  cases  involve  questions 
of  law,  some  questions  of  fact,  some  questions  of  both  fact 
and  law,  and  all  come  within  the  scope  of  the  judicial 
power.      A  court  is  a  particular  organization  of  judicial 
power  for  the  trial  and  determination  of  cases  at  law. 

492.  Vesting  the  Judicial  Power. — The  judicial 
power  of  the  United   States  is  vested    in  one  Supreme 
Court  and  in  such  inferior  courts  as  Congress  sees  fit  to 
ordain  and  establish.     The  Constitution  thus  creates  the 
Supreme  Court,  and  it  also  provides  that  its  head  shall 
be   the   Chief   Justice   of   the    United    States.      At  the 
present  time  the  inferior  courts  are  the  District  Court, 
the  Circuit   Court,  the   Circuit   Court  of  Appeals,   the 


THE   JUDICIAL    DEPARTMENT  359 

Court   of   Claims,   and    the   Courts   of   the    District    of 
Columbia  and  the  Territories. 

493.  Extent  of  the  Judicial  Power.— The  judicial 
power  is  co-extensive  with  the  sphere  of  the  National 
Government.     It  embraces  all  cases  that  may  arise  under 
the  Constitution  and  the  laws  of  the  United  States,  and 
the  treaties  entered  into  with  foreign  nations.    It  includes 
all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls;  all  cases  of  admiralty  and  maritime  juris- 
prudence; cases  to  which  the  United  States  are  a  party; 
cases  that  arise  between  two  or  more  States,  or  between 
a  State  and   foreign  states;   cases   between  citizens  of 
different  States,  and  cases  between  citizens  of  the  same 
State  who  claim  lands  granted  by  different  States,  and 
cases  between  citizens   of  a  State   and  foreign  states, 
citizens,  or  subjects. 

494.  Kinds  of  Jurisdiction. — A  court  has  jurisdic- 
tion of  a  case  or  suit  at  law  when  it  may  try  it,  or  take  some 
particular  action  with  regard  to  it.     There  are  several 
kinds  of  jurisdiction.      A  court  has  original  jurisdiction 
of  a  case  when  the  case  may  be  brought  or  begun  in  that 
court.    It  has  appellate  jurisdiction  when  it  may  re-hear 
or   re-examine    a   case    that  has  been    decided    or   has 
been  begun  in  some  inferior  court.  The  methods  by  which 
this  is  done  are  called  appeal  and  writ  of  error.     An 
appeal  brings  up  the  whole  question,  both  law  and  fact," 
for  re-examination;  a  writ  of  error,  the  law  only.      A 
court  has  exclusive  jurisdiction  of  a  case  when  it  is  the 
only  court  that  can  try  it  or  can  dispose  of  it  m  some 
particular  manner.    Two  or  more  courts  have  concurrent 
jurisdiction  of  a  case  when  either  one  may  try  it,  pro- 
vided the  case  comes  properly  before  it. 

495.  The   District   Court.— Congress  has  created 
sixty-nine  Judicial  Districts,  in  each  one  of  which  a  Dis- 


360  THE  GOVERNMENT  OF  THE  UNITED  STATES 

trict  Court  is  organized.  There  is  at  least  one  district  in 
every  State,  and  in  the  most  populous  States  there  are 
two  or  more.  There  are  only  sixty-six  District  judges, 
as  a  few  of  the  judges  preside  over  two  districts.  Each 
district  has  its  own  District  Attorney,  who  is  the  local 
law  officer  of  the  Government,  a  Clerk  who  keeps  the 
records  of  the  court  and  issues  legal  papers  under  its 
seal,  and  a  Marshal  who  is  the  executive  officer  of  the 
court.  A  District  court  must  hold  at  least  two  terms 
every  year.  It  has  a  limited  range  of  jurisdiction  in  civil 
cases,  and  especially  in  admiralty  and  maritime  juris- 
prudence; that  is,  in  matters  relating  to  shipping  and 
navigation.  It  also  has  jurisdiction  of  many  crimes 
and  offences  committed  in  the  district. 

496.  The  Circuit  Court. — The  seventy-two  districts 
are  grouped  in  nine  Circuits.  The  first  circuit  contains 
four  States  and  four  districts,  the  second  three  States  and 
five  districts,  and  so  on.  One  of  the  justices  of  the 
Supreme  Court  is  assigned  to  each  circuit,  and  is  called 
the  Circuit  Justice.  There  are  two  Circuit  judges  in  every 
circuit,  and  three  in  some  circuits.  The  Circuit  court  sits 
from  time  to  time  in  every  district  that  the  circuit  con- 
tains. It  may  be  held  by  the  Circuit  Justice,  by  one  of 
the  Circuit  judges,  or  by  the  District  judge  of  the  district 
where  the  court  is  for  the  time  sitting,  or  by  any  two  of 
these  sitting  together.  The  district  attorneys,  clerks, 
and  marshals  mentioned  before  serve  these  courts  also. 
The  Circuit  court  has  original  jurisdiction  in  civil  cases 
where  the  amount  in  controversy  is  $2,000,  not  counting 
costs,  in  copyright  and  patent  cases,  and  many  others.  It 
has  original  jurisdiction  in  criminal  cases,  and  in  capital 
cases  an  exclusive  one.  Once  it  was  also  a  Court  of 
Appeals  from  the  District  court,  but  its  appellate  juris- 
diction has  been  abolished. 


THE   JUDICIAL    DEPARTMENT  361 

497.  The  Circuit  Court  of  Appeals. — In  every  cir- 
cuit there  is  also  a  Circuit  Court  of  Appeals.      It  consists 
of  three  or  four  judges,  of  whom  two  constitute  a  quorum. 
The  Circuit  Justice,  the  Circuit  judges,  and  the  District 
judges  of  the  circuit  are  competent  to  sit  in  this  court. 
The  last,  however,  can  sit  only  for  the  puf pose  of  making 
a  quorum  in  the  absence  of  the  Circuit  Justice  or  of  one 
or  both  of  the  Circuit  judges.     The  law  designates  the 
places  where  these  courts  shall  be  held.     First  circuit, 
Boston;  second,  New  York;  third,  Philadelphia;  fourth, 
Richmond,  Virginia;  fifth,  New  Orleans;    sixth,  Cincin- 
nati; seventh,  Chicago;  eighth,  St.  Louis,  and  ninth,  San 
Francisco.     The  Circuit  Court  of  Appeals  can   review 
many  decisions  made  by  the  Districts  and  Circuit  courts. 
In    patent,  revenue,  criminal,   and    admiralty  cases  its 
decisions  are  final.     These  courts  are  exclusively  courts 
of  appeals,   and  they  were  created  expressly  to  relieve 
the  Supreme  Court  of  a  part  of  its  business. 

498.  The  Court  of  Claims.— The  Government  of  the 
United  States  carries  on  vast  business  operations,  and, 
as  is    natural,  points  of  dispute  are  constantly  arising. 
Formerly  a  person  having  a  claim  against  the  Govern- 
ment that  the  Executive  Departments  could  not  or  would 
not  pay,  had  no  redress  but  to  go  to  Congress  for  relief. 
This  was  unsatisfactory  both  to  claimants  and   to  the 
Government.     To   meet   this   difficulty,    the    Court    of 
Claims  was  created  and  was  given  jurisdiction  over  cer- 
tain classes  of  claims  against  the   Government.     The 
methods  of  procedure  is  for  the  claimant  to  enter  a  suit 
in  court,   which  is  regularly  tried  and  determined.     If 
judgment  is  rendered  against  the  Government,  Congress 
appropriates  money  to  pay  it.     This  court  consists  of  a 
Chief  Justice  and  four  Associate  Justices,  and  sits  only 
in   Washington.      Congress  has   also  vested  a    limited 


362  THE  GOVERNMENT  OF  THE  UNITED  STATES 

jurisdiction   in   respect   to   claims    in    the    District    and 
Circuit  courts. 

499.  The  Federal  District  and  the  Territories.— 
Congress  has  established  special  courts  for  the  District  of 
Columbia  and  the  Territories.     The  Supreme  Court  of 
the  District  consists  of  a  Chief  Justice  and  five  Associate 
Justices,  any  one  of  whom  may  hold  a  court  with  powers 
similar  to  those  exercised  by  the  District  judges  in  the 
States.     The   Territorial   judicial    system  is  similar  to 
this,  but  the  judges  are  fewer  in  number. 

500.  The  Supreme  Court.— The  Supreme  Court  con- 
sists of  the  Chief  Justice  of  the  United  States  and  eight 
Associate  Justices.     It  holds  one  regular  term  each  year 
at  Washington,  beginning  the  second  Monday  of  Octo- 
ber.    This  court  has  original  jurisdiction   in  all   cases 
relating  to  ambassadors  and  other  public  ministers  and 
consuls,  and  those  to  which  a  State  is  a  party.     It  has 
appellate  jurisdiction,   both  as   to  law  and   fact,  in  all 
cases  originating   in  the  inferior  courts,   save  such  as 
Congress  by  law  shall  except.     Nearly  all  the  cases  that 
the   Supreme  Court  passes  upon  are  appellate  cases. 
Appeals  may  be  made  to  it,  and  writs  of  error  lie  to  it, 
from  the  District  and  Circuit  courts,  from  the  Court  of 
Appeals,  and  from  the  Supreme  Courts  of  the  Federal 
District  and  the  Territories. 

5O  I .  Appointment  of  Judges.— The  National  j  udges 
are  appointed  by  the  President  by  and  with  the  advice 
and  consent  of  the  Senate.  The  appointments  are  for 
good  behavior,  by  which  expression  official  behavior  is 
meant.  Nothing  is  more  necessary  to  a  judicial  system 
than  the  independence  of  the  judges.  If  they  were 
( lected  by  the  popular  vote,  they  might  court  the  popu- 
lar favor  to  secure  an  election.  If  they  served  for  fixed 
periods,  they  might  court  the  Senate  and  President  to 


THE    JUDICIAL    DEPARTMENT  363 

secure  re-appointment.  The  courts  of  the  Federal 
District  and  of  the  Territories  do  not  come  within  the 
Constitutional  provisions.  However,  Congress  has 
made  the  tenure  of  the  first  good  behavior,  and  of  the 
second  a  term  of  four  years. 

502.  Pay  of  the  Judges. — The  salary  of  a  judge  can 
not  be  diminished  while  he  continues  in  office,  but  it  may 
be  increased.   If  Congress  could  reduce  the  judge's  salary 
after  he  had  entered  upon  his  term,  it  might  control  his 
action   and   make  him  dependent  upon  its  will.      The 
salary  of  the  Chief  Justice  is  $10,500;  of   the  Associate 
Justices,  $10,000;    of   the    Circuit   Judges,   $6,000;   and 
of  District  Judges,  $5,000.     Any  judge  who  has  held  his 
commission  ten  years  and  has   attained  to  the  age  of 
seventy,  may  resign  his  office  and  continue  to  draw  his 
salary  during  the  remainder  of  his  life. 

503.  Concurrent   Jurisdiction  of  National  and 
State   Courts. — The    Constitution  gives    the    Supreme 
Court  an   original  jurisdiction  in  cases  affecting  public 
ministers  and  consuls,  and  cases  to  which  a  State  maybe 
a  party.     Congress  has   gone  further  and  declared  the 
jurisdiction  of    the  National  courts   in  certain  cases  to 
be  an  exclusive  one.      Patent  and  admiralty  cases,  for 
example,  are  of    this    class.      Outside  of    this   exclusive 
jurisdiction,  Congress  has  given  the  State  courts  a  civil 
jurisdiction  concurrent  with  that  of  the  National  courts. 
Still  more,  some  criminal  offenses  under  the    National 
laws  may  be  prosecuted  in   the   State   courts,   as   those 
arising  under  the  postal  laws. 

504.  Appeals  from  State  Courts. — The  Constitu- 
tion, laws,  and  treaties  of  the  United  States   are  the  su- 
preme law  of  the  land.      If  the  constitution  or  the  laws  of 
a  State  conflict  in  any  way  with  this  supreme   law,  such 
constitution  or  laws,  so  far  as  the  connection  extends, 


364      rHE    GOVERNMENT    OF   THE    UNITED    STATES 

are  null  and  void.  Moreover,  the  power  to  decide  what 
is,  and  what  is  not,  a  connection  with  the  National 
authority  rests  with  the  National  judiciary.  Hence,  any 
case  arising  in  the  courts  of  a  State  that  involves  the 
National  authority  may  be  appealed  to  the  National 
courts.  Such  cases  are  said  to  involve  Federal  ques- 
tions. To  this  extent,  therefore,  the  courts  of  the  United 
States  are  the  final  and  authoritative  interpreters  of  the 
constitutions  and  laws  of  the  States. 

5O5.  Rules  Regulating  Trials. — A  jury  system- 
like  that  found  in  the  States  is  a  part  of  the  National 
judiciary.  All  crimes,  save  in  cases  of  impeachment, 
must  be  tried  by  an  impartial  jury  of  the  State  and 
judicial  district  where  they  have  been  committed. 
Crimes  committed  in  the  Federal  District  or  in  a  Terri- 
tory must  be  tried  in  the  District  or  Territory.  Crimes 
committed  on  the  sea  are  tried  in  the  district  in  which 
the  accused  is  arrested,  or  into  which  he  is  first  brought 
when  the  ship  returns  to  the  United  States.  No  person 
can  be  put  on  trial  for  a  capital  or  infamous  crime  until 
he  has  first  been  indicted  by  a  grand  jury;  in  such  case 
the  trial  must  be  a  speedy  and  public  one,  and  the  accused 
must  be  informed  of  the  accusation  made  against  him. 
He  shall  have  the  benefit  of  the  compulsory  power  of  the 
court  to  compel  the  attendance  of  witnesses,  and  shall 
also  have  the  assistance  of  a  lawyer  for  his  defense.  Ex- 
cessive bail  can  not  be  required,  or  excessive  fines  be 
imposed,  or  cruel  or  unnatural  punishments  be  inflicted. 
No  person  who  has  once  been  tried  for  an  offense  and 
found  innocent,  can  be  put  on  trial  for  that  offense  the 
second  time.  In  a  criminal  case  no  man  can  be  com- 
pelled to  testify  against  himself,  nor  can  any  person  be 
deprived  of  life,  liberty,  or  property  until  he  has  been 
adjudged  guilty  according  to  the  common  course  of  the 


THE   JUDICIAL   DEPARTMENT  365 

law.  In  any  civil  suit  at  common  law  where  the  amount 
in  controversy  is  more  than  twenty  dollars,  the  right  of 
trial  by  jury  is  also  preserved.  Rules  like  these  will  be 
found  in  the  jurisprudence  of  the  several  States.  These 
rules,  however,  relate  exclusively  to  the  National  tribu- 
nals. The  Fourteenth  Amendment  declares  that  no  State 
shall  deprive  any  person  of  life,  liberty,  or  property 
without  due  process  of  law. 

506.  Military  Courts. — Cases  arising  in  the  military 
and    naval    service    are    tried    in    special   courts   called 
courts-martial.      This  is  true  of  the  militia  also  when  they 
are  employed  in  the   public   service  in  time  of  war  or 
public  danger.      In  all   such  cases   as  these  the  rule  in 
regard   to   an   indictment  by  a  grand  jury  has  no  appli- 
cation. 

507.  Treason. — Treason  against  the  United  States  is 
either  making  war  against  them  or  siding  with  their  ene- 
mies, rendering  them  aid  and  comfort.    No  person  can  be 
convicted  of  this  crime,  which  is  considered  the  greatest 
of  all  crimes,  except  on  the  testimony  of  two  witnesses 
to  the  same   offense,  or  on  his  own  confession  of   guilt 
in    open  court.     Congress   has   enacted   two    modes  of 
punishment   for   treason  at  the  discretion  of  the  judge 
trying  the  case.     The  traitor  shall  suffer  death;    or  he 
shall   be    imprisoned    at    hard    labor  for  not  less  than 
five  years,  be  fined  not  less  than  $10,000,  and  be  pro- 
nounced incapable  of  holding  any  office  under  the  United 
States. 


CHAPTER  LIV 

NEW    STATES    AND    THE    TERRITORIAL    SYSTEM 

The  American  Government.    Sections  5^-597. 

The  Territorial  System  of  the  United  States  has 
played  a  very  important  part  in  their  history.  It  is 
proposed  in  this  chapter  to  show  how  it  originated,  and 
to  describe  its  principal  features. 

508.  The  Original  Public  Domain. — At  the  time  of 
the  Revolution  seven  of   the  thirteen  States,  called  the. 
Claimant  States,  claimed  the  wild  lands  lying  west  of  the 
Allegheny  Mountains  and  extending  to  the  Mississippi 
River  and  the  Northern  Lakes,  which  were  then  National 
boundaries.      In  time  these  States  yielded  their  claims. 
When  the  Constitution  was  framed  in  1787,  the  country 
northwest  of   the   Ohio    River   had    already  come    into 
possession  of  the  Old  Congress.     The  Southern  cessions 
were  made  later.      In  general,  the  cessions  to  the  Nation 
included  both  soil  and  jurisdiction — the  ownership  of  the 
land  and  the  right  to  govern  the  territory.      The  North- 
western cessions  constituted  the  first  Public  Domain  of 
the  United  States;  that  is,   a  territory  belonging  to   the 
Nation  in   common.     The   Constitution   gave  Congress 
the  power  to  dispose  of  the  National  territory,  and  to 
make  all  needful  rules  and  regulations  for  its  govern- 
ment.     Before  this,  however,  Congress  had  established 
a  government  over  the  existing  domain,  which  was  styled 
the  Northwest  Territory. l 

509.  Annexations. — Eight  annexations  of  territory 
have  been  made  to  the  United  States:  Louisiana  purchase, 

»  B.  A.  Hinsdalc,'  "  The  Old  Northwest,"  Chapters  V  and  VI. 


NEW   STATES    AND   THE   TERRITORIAL  SYSTEM      367 

1803;  Florida,  1819;  Texas  1845;  Oregon,  1840;  the  two 
Mexican  annexations,  1848  and  1853,  Alaska,  1867,  and 
the  Hawaiian  Island,  1898.  Generally,  these  annexations 
were  additions  to  the  Public  Domain  and  became  at  once 
subject  to  the  control  of  Congress.  Texas  had  been  an 
independent  power  and  was  admitted  to  the  Union  as  a 
State  at  once  without  passing  through  the  Territorial 
probation.  Subsequently  Texas  sold  that  part  of  her 
territory  which  now  forms  the  eastern  part  of  New 
Mexico  to  the  United  States. 

5  I O.  Provision  fbr  New  States. — The  claimant 
States  made  their  cessions  of  Western  territory  on  the  con- 
dition that,  as  rapidly  as  it  became  ready,  such  territory 
should  be  divided  into  new  States  to  be  admitted  to  the 
Union  on  an  equality  with  the  old  ones.  So  a  provision 
was  inserted  in  the  Constitution  that  authorized  Con- 
gress to  admit  new  States  to  the  Union.  But  this  was 
not  all;  some  controversies  had  already  arisen  concern- 
ing the  formation  of  new  States  out  of  old  ones.  So  it 
was  provided  that  no  new  State  should  be  formed  within 
the  jurisdiction  of  any  State,nor  should  any  new  State 
be  formed  by  uniting  two  or  more  States,  without  the 
consent  of  the  Legislatures  concerned  and  of  Con- 
gress. 

511.  Territories  of  the  United  States. — In  a  broad 
sense  the  whole  dominion  of  the  United  States  is  their 
territory,  States  and  Territories  alike.  But  in  common 
usage  the  term  territory  is  limited  to  so  much  of  the  whole 
dominion  as  has  not  been  formed  into  States.  Still  further, 
as  thus  limited  the  word  is  employed  in  two  senses. 
An  organized  Territory  is  a  part  of  the  dominion  having 
prescribed  boundaries  and  a  fully  developed  Territorial 
Government.  Arizona,  New  Mexico,  and  Oklahoma 
are  the  only  Territories  of  this  class.  An  unorganized 


368  THE  GOVERNMENT  OF  THE  UNITED  STATES 

Territory  either  has  no  government  at  all,  or  has  a  very 
rudimentary  one  carried  on  by  officers  sent  from  Washing- 
ton. Thus  civil  government  is  administered  in  Alaska, 
which  is  an  unorganized  Territory,  by  a  Governor 
and  Commissioners  appointed  by  the  President  and 
Senate. 

512.  Government  of  an  Organized  Territory.— 
Such  a  government  is  set  up  by  Congress.  The  Governor, 
Secretary,  and  Territorial  Judges  are  appointed  by  the 
President  for  four  years,  and  are  paid  from  the  National 
Treasury.  The  Legislature  consists  of  a  house  of 
representatives  and  a  council,  the  members  of  which 
are  elected  by  the  qualified  voters  of  the  Territory. 
The  Legislature  legislates  on  subjects  of  local  con- 
cern, subject  to  the  Constitution  and  laws  of  the 
United  States.  For  example,  it  may  establish  counties 
and  townships  and  local  self-government  for  the  people. 
It  may  also  establish  a  Territorial  system  of  schools. 
The  Governor  exercises  powers  similar  to  those  exer- 
cised by  the  Governor  of  a  State,  while  the  Secretary 
performs  duties  similar  to  those  performed  by  a  State 
Secretary  of  State.  There  are  also  a  District  Attor- 
ney and  a  Marshal  appointed  by  the  President.  A 
Territory  can  not  be  represented  in  Congress  or  partici- 
pate in  the  election  of  the  President  and  Vice-President. 
Still  an  organized  Territory  is  permitted  to  send  a  dele- 
gate elected  by  the  people  to  the  House  of  Representa- 
tives, who  may  speak  but  not  vote.  It  will  be  seen  that 
the  status  of  a  Territory  is  in  all  respects  inferior  to  that 
of  a  State.  A  Territory  is  an  inchoate  State. 

5  1 3.  Admission  of  New  States. — This  subject  has 
been  committed  wholly  to  the  discretion  of  Congress. 
Congress  makes  the  boundaries  of  the  State,  fixes  the 
conditions  of  admission,  gives  the  State  its  name,  and 


NEW   STATES   AND   THE   TERRITORIAL  SYSTEM     369 

determines  the  time  of  admission.  Congress  settles  some 
of  the  details  in  the  act  creating  the  Territory,  and  still 
others  in  a  law  providing  for  its  admission  called  an  Ena- 
bling Act.  The  principal  steps  to  betaken  are  the  follow- 
ing: First,  the  people  of  the  Territory  elect  the  members 
of  a  convention  to  frame  a  State  constitution.  Secondly, 
the  convention  thus  elected  performs  the  duty  duly  com- 
mitted to  it.  Thirdly,  the  constitution  is  submitted  to 
the  people  for  their  approval.  Fourthly,  Representa- 
tives and  Senators  are  elected  to  represent  the  new 
State  in  Congress*  Fifthly,  comes  the  formal  act  of 
admission,  which  is  sometimes  performed  by  the  Presi- 
dent, who  issues  a  proclamation  to  that  effect  in  com- 
pliance with  a  law  previously  passed,  and  sometimes  is 
performed  by  Congress  passing  an  act  called  an  act  of 
admission. 

5  1 4.  States  Admitted. — Thirty-two  new  States  have 
been  admitted  to  the  Union.  Vermont,  Maine,  West  Vir- 
ginia, Kentucky,  and  Tennessee  were  formed  from  old 
States  and  were  never  Territories.  The  facts  in  regard 
to  Texas  have  been  stated  already.  The  other  States, 
twenty-six  in  number,  have  been  formed  from  the  Public 
Domain;  and,  save  California  alone,  have  passed  through 
the  Territorial  probation. 

515.  Indian  Territory. — In  the  year  of  1834  this 
Territory  was  set  apart  and  dedicated  by  Congress  as  a 
home  for  so-called  civilized  tribes  of  Indians.  Many  tribes 
and  portions  of  tribes  removed  there  from  east  of  the 
Mississippi  River.  The  Indians  keep  up  their  tribal 
organizations  of  government,  but  they  are  subject  to  the 
general  oversight  of  Congress.  There  is  a  United  States 
Court  in  the  Territory,  which  exercises  jurisdiction  over 
offenses  committed  against  the  laws  of  Congress  so  far 
as  they  are  applicable. 


3/O  THE  GOVERNMENT  OF  THE  UNITED  STATES 


5  1 6.  The  Public  Lands. — Beginning  in  Southeastern 
Ohio,  in  1786,  the  Government  has  caused  the  public 
lands  to  be  surveyed  according  to  a  practically  uniform 
system.  They  are  first  cut  up  into  townships  six  miles 
square,  and  then  these  are  subdivided  into  sections  of 
640  acres,  which  again  are  diviojed  into  lots  of  160,  80, 
and  40  acres.  The  sections  are  now  numbered,  back 
and  forth,  in  the  following  manner: 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

Such  a  township  as  this  is  called  a  Congressional  town- 
ship. As  a  rule,  the  States  have  based  their  divisions  of 
counties  and  townships  on  the  Government  surveys,  and 
it  is  this  fact  that  gives  the  maps  of  the  Western  States 
such  a  checker-board  appearance.  In  general  Congress 
has  followed  a  very  liberal  policy  in  respect  to  the  public 
lands,  selling  them  at  low  prices,  giving  them  away 
as  bounties  to  soldiers  and  to  settlers  under  the 
hgmestead  law,  and  granting  them  to  States  and  rail- 
roads and  other  corporations  to  stimulate  education 
and  public  improvements. 

5  1 7.    School  Lands. — Beginning  with  Ohio,  admitted 
to  the  Union  in  1803,  and  continuing  to  Wisconsin,  ad- 


NEW    STATES    AND    THE    TERRITORIAL  SYSTEM 


37* 


mitted  in  1848,  Congress  gave  section  No.  16  in  every 
Congressional  township  of  the  public-land  States  for 
the  use  of  common  schools.  Beginning  with  Califor- 
nia, in  1850,  and  continuing  to  the  present,  it  has  given 
sections  16  and  36  in  every  township  for  that  purpose. 
Congress  has  also  given  every  public-land  State,  or  State 
formed  out  of  the  Domain,  two  townships  of  land  for  the 
support  of  a  State  university,  and  some  of  them  more 
than  two.  It  has  also  given  lands  for  agricultural  colleges 
and  normal  schools,  and  for  other  educational  purposes. 
5  1 8.  New  States. — The  following  table  contains  the 
names  of  the  new  States,  and  the  dates  of  their  admis- 
sion to  the  Union: 


Vermont,  March  4,  1791. 
Kentucky,  June  1,  1792. 
Tennessee,  June  1,  1796. 
Ohio,  February  19,  1803. 
Louisiana,  April  8,  1812. 
Indiana,  December  11,  1816. 
Mississippi,  December  10,1817. 
Illinois,  December  3,  1818. 
Alabama,  December  14,  1819. 
Maine,  March  15,  1820. 
Missouri.  August  10,  1821. 
Arkansas,  June  15,  1836. 
Michigan,  January  26,  1837. 
Florida,  March  3,  1845. 
Texas,  December  29,  1845. 
Iowa,  December  28,  1846. 


W  isconsin,  May  29, 1848. 
California,  September  9,  1850. 
Minnesota,  May  11,  1858. 
Oregon,  February  14,  1859. 
Kansas,  January  29,  1861. 
West  Virginia,  June  19,  1863, 
Nevada,  October  31,  1864. 
Nebraska,  March  1,  1867. 
Colorado,  August  1,  1876. 
North  Dakota,  Nov.  2,  1889. 
South  Dakota,  Nov.  2,  1889. 
Montana,  November  8,  1889. 
Washington,  Nov.  11,  1889. 
Idaho,  July  3,  1890. 
Wyoming,  July  10,  1891. 
Utah,  January  4,  1896. 


CHAPTER  LV 

RELATIONS  OF  THE  STATES  AND  THE  UNION 

The  American  Government.     Sections  419-445;  578-588;  598-603; 
608-620;  623-681;  644-654;  763-772. 

Part  II  of  this  work  describes  the  government  of  a 
single  State.  The  preceding  chapters  of  this  Third  Part 
describe  the  Government  of  the  Union  in  its  general 
features.  It  is  very  obvious  that  either  one  of  these 
governments,  by  itself,  would  be  very  imperfect.  It  is 
equally  obvious  that  they  supplement  each  other.  Each 
one  is  essential  to  the  other  and  to  society,  and  neither 
one  is  more  essential  than  the  other.  The  two  together 
make  up  one  system  of  government  The  governments 
of  the  States  are  part  of  the  Government  of  the  Union, 
and  the  Government  of  the  Union  is  a  part  of  the  gov- 
ernments of  the  States.  The  citizen  is  subject  to  two 
jurisdictions,  one  State  and  one  National.  Both  of 
these  jurisdictions  have  been  created  by  the  Ameri- 
can people,  and  each  one  is  exclusive  and  independ- 
ent within  its  sphere.  In  other  words,  the  United 
States  are  a  federal  state,  and  their  Government  is  a 
federal  government.  Moreover,'  experience  shows  that 
•such  governments  are  complicated  and  delicate,  and  that 
they  will  not  work  well  unless  the  two  parts,  local  and 
general,  are  well  adapted  each  to  each  like  the  parts  of 
a  machine. 

5  1 9.  The  State  Sphere.— The  sphere  of  the  State  is 
well  marked  off.  Matters  of  local  and  State  concern  are 
committed  to  its  exclusive  authority.  Within  its  sphere, 

372 


RELATIONS   OF   THE   STATES   AND   THE    UNION     373 

the  State  is  perfectly  free  to  do  what  it  pleases,  taking 
good  care  not  to  infringe  upon  the  sphere  of  the  Union. 
It  is  the  great  business  of  the  State  government  to  pre- 
serve the  peace  and  good  order  of  society  within  its 
borders.  It  defines  civil  and  political  rights;  defines 
and  punishes  crime;  protects  the  rights  of  property, 
of  person,  and  of  life;  regulates  marriage  and  divorce;, 
provides  schools  and  education  for  the  people,  and  does 
a  hundred  other  things  that  it  deems  necessary  to  pro- 
mote the  physical,  intellectual,  and  moral  well-being  of 
the  people. 

52O.  The  National  Sphere.— This  is  equally  well 
defined.  Matters  of  general,  common,  or  National  interest 
are  committed  to  the  Union.  Here  are  the  powers  to  levy 
taxes  and  borrow  money  for  National  purposes;  to  regu- 
late foreign  commerce;  to  conduct  war;  to  carry  on  the 
post-office;  to  manage  foreign  relations,  and  to  exercise 
the  many  other  powers  that  are  delegated  by  the  National 
Constitution.  It  will  be  seen  that  these  are  matters  in 
which  the  whole  American  people  are  interested.  Within 
its  sphere,  the  Nation  is  just  as  free  and  unlimited  as  the 
State  is  within  the  State's  sphere. 

52  I .  The  State  and  the  Union. — Neither  one  of 
these  jurisdictions  is,  strictly  speaking,  limited  to 
matters  purely  local  or  purely  national.  The  State  does 
more  than  merely  to  look  after  local  interests.  The 
Union  does  more  than  merely  to  see  to  National  affairs. 
Either  authority  does  some  things  that,  at  first  thought, 
might  seem  to  belong  exclusively  to  the  other.  In  this 
way,  great  strength  is  imparted  to  the  whole  system,  and 
it  is  made  to  do  its  work  more  thoroughly.  This  a  series 
of  paragraphs  will  show. 

522.  National  Functions  of  the  States.— The  State 
participates  directly  in  carrying  on  the  Government  of 


374  THE  GOVERNMENT  OF  THE  UNITED  STATES 

the  Union.  It  defines  the  qualifications  of  electors,  estab- 
lishes Congressional  districts,  conducts  the  elections  of 
Representatives,  elects  members  of  the  United  States 
Senate,  and  appoints  Presidential  Electors.  All  these 
things  are  purely  voluntary.  The  States  cannot  be  com- 
pelled to  do  them,  but  if  they  should  refuse  or  neglect 
to  do  them  the  whole  National  system  would  fall  into 
ruins.  But,  more  than  this,  the  Union  employs  the 
State  militia,  and  imposes  duties  upon  the  governors  and 
judges  of  the  States. 

523.  Prohibitions  Laid  on  States. — The  successful 
working  of  the  National  system  makes  it  necessary  that 
certain  prohibitions  shall  be  laid  on  the  States.    No  State 
can  enter  into  any  treaty,    alliance,   or  federation;  coin 
money,   issue    paper   money,    make  anything   but    gold 
and  silver  a  tender  in  payment  of  debts,    pass  any  law 
interfering  with  contracts,  or  grant  any  title  of  nobility. 
No  State,    without   the  consent  of  Congress,  can  levy 
duties  or  imposts  on  imports  and  exports,  beyond  what  is 
necessary  to  pay  the  cost  of  its  inspection   service.     No 
State  can,  without  the  consent  of  Congress,  lay  any  ton- 
nage tax  on  ships,  keep  troops  or  ships  of  war  in  time  of 
peace,  or  enter  into  any  compact  or  agreement  with  an- 
other State  or  a  foreign  power.      No  State  can  engage 
in   war,   unless   it  is   actually  invaded  or  in  immediate 
danger  of  invasion. 

524.  Duties  of  State  to  State.— If  the  National 
System  is  to  work  smoothly,  it  is  obvious  that  a  good 
understanding  among  the  States  is  necessary.    The  Con- 
stitution accordingly  lays  various  commands  upon   the 
States  in  respect  to  their  relations  one  to  another.     The 
acts,  records,  and  judicial  processes  of  any  State  are  re- 
spected by  every  other  State,  so  far  as  they  can  have  any 
application.      For  example,  a  marriage  contracted  or  a 


RELATIONS   OF   THE    STATES    AND   THE    UNION    375 

divorce  granted  in  one  State  is  a  marriage  or  a  divorce  in 
every  other  State.  Citizens  of  one  State  passing  into  an- 
other State  are  entitled  to  all  the  rights  and  privileges 
that  the  citizens  of  the  State  into  which  they  enter  enjoy. 
If  a  person  who  is  charged  with  any  crime  in  one  State 
flees  from  justice  and  is  found  in  another  State,  it  is  the 
duty  of  the  Governor  of  the  State  to  which  he  has  fled 
to  surrender  him  on  the  demand  of  the  Governor  of  the 
State  from  which  he  has  fled,  that  he  may  be  brought  to 
trial  and,  if  guilty,  to  punishment. 

525.  Privileges   and  Immunities  of  Citizens.— 
Section  one  of   Amendment  XIV.  declares  all  persons 
born  and  naturalized  in  the  United  States  and  subject  to 
their  jurisdiction,  to  be  citizens  of  the  United  States  and 
of  the  State  wherein  they  reside.     It  contains  also  the 
following  declarations:      "No  State  shall  make  or  enforce 
any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of    the  United    States;    nor    shall   any  State 
deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law;  nor  deny  to   any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws." 

The  Union  owes  several  important  duties  to  the  State. 

526.  Republican    Form   of    G-overnment.— The 
Union  guarantees  to  every  State  a  republican  form  of  gov- 
ernment.    If  a  non-republicaji    government  should   be 
established  in  any  State   by  revolution  or  otherwise,  it 
would  be  the  duty  of  the  Union  to  interfere  and  see  that 
republican    government   be    re-established.       Power   to 
decide  in  such  cases  what  a  republican  form  of  govern- 
ment is,  belongs  to  Congress. 

527.  Invasion  and  Domestic  Violence. — The  Union 
must  also    protect   the    States  against  invasion,  and  in 
emergencies  against  domestic  violence.     These  duties  are 


376  THE  GOVERNMENT  OF  THE  UNITED  STATES 

the  more  necessary  because  the  Constitution  denies  to  the 
States  the  right  to  keep  troops  and  ships  of  war  in  time 
of  peace.  If  any  State  is  invaded  it  is  the  duty  of  the 
President  to  call  out  the  National  forces  to  repel  the 
invasion.  In  the  first  instance  it  is  the  duty  of  the  State 
authority  to  suppress  domestic  violence  within  its  borders, 
but  if  such  authority  in  any  case  thinks  the  assistance  of 
the  United  States  to  be  necessary  or  advisable,  it  has 
the  right  to  call  for  such  assistance.  The  Legislature, 
if  it  be  in  session,  and  otherwise  the  Governor,  makes 
the  call.  This  call  is  addressed  to  the  President,  who 
takes  such  steps  as  he  thinks  necessary  to  accomplish 
the  object. 

528.  The  National  Authority   and  the   Public 
Peace. — There    are,    however,    certain    emergencies   in 
which  the  President  can  act  directly  to  suppress  domestic 
violence.     When  such  violence  interferes  with  the  oper- 
ations of  the  National  Government,   he  need    not  wait 
for  the  State  Legislature  or  Governor  to  call  for  assist- 
ance, but  is  in  duty  bound  to  act  at  once  to  protect  the 
operations  of  the  Government  and  so  to  restore  the  public 
peace.     Thus,  when  the  United  States  mails  and  inter- 
State  commerce  were  interrupted  in  Chicago  in    1894, 
President  Cleveland  ordered  the  National  forces  to  pro- 
tect the  mails  and  the  railroads. 

529.  Supremacy  of  the  Union. — The  Constitution, 
laws,  and  treaties  of  the   United  States  are  the  supreme 
law  of  the  land.     They  supersede  State  constitutions  and 
laws  whenever  these  constitutions  and  laws  encroach  upon 
the  supreme  law.     To  secure  this  end,  the  judges  of  th'e 
State   courts,    in   interpreting   and   declaring    the    law 
must  decide  with  the  United  States  rather  than  with  the 
State,  in  all  cases  of  connection.     To  secure  this  suprem- 
acy the  more  completely,  Senators  and  Representatives 


RELATIONS  OF  THE  STATES  AND  THE  UNION  377 

of  the  United  States,  members  of  the  State  Legislatures, 
and  all  executive  and  judicial  officers,  both  of  the 
United  States  and  of  the  States,  must  take  an  oath  or 
affirmation  to  support  the  Constitution  of  the  United 
States.  But  no  religious  faith,  opinion,  or  rite  can  be 
made  a  qualification  for  holding  any  office  of  public  trust 
under  the  United  States. 

There  are  also  many  prohibitions  laid  upon  the  National 
authority.  Several  of  these  have  been  dealt  with  al- 
ready in  other  places;  others  will  be  mentioned  in  this 
place. 

53O.  "Writ  of  Habeas  Corpus. — In  countries  where 
this  writ  is  recognized,  a  sheriff  or  other  officer,  or  even 
a  private  individual,  who  has  a  person  in  his  custody 
whom  he  is  depriving  of  his  liberty,  can  be  made  to 
show  cause  why  he  holds  him.  The  person  who  is 
held  as  a  prisoner,  or  other  person  in  his  interest,  appeals 
to  a  court  of  competent  jurisdiction  for  a  writ  of  habeas 
corpus,  which  commands  the  officer  or  other  person  to 
bring  his  prisoner  into  court.  If  he  can  show  no  suffi- 
cient cause  for  holding  him,  the  prisoner  is  set  at  liberty. 
This  writ  is  one  of  the  great  bulwarks  of  personal  liberty, 
and  the  Constitution  provides  that  the  privilege  of  the 
writ  shall  not  be  suspended  unless  in  time  of  rebellion  or 
invasion  when  the  public  safety  requires  it. 

53  I .  Bills  of  Attainder  and  Ex  Post  Facto  Laws. 
— A  bill  of  attainder  is  a  legislative  act  that  inflicts  pun- 
ishment of  some  kind  upon  a  person  without  a  judicial 
trial.  An  ex  post  facto  law  is  a  law  that  places  some  pun- 
ishment upon  an  act  that  was  not  placed  upon  it  when 
the  act  was  done.  Both  the  State  Legislatures  and  Con- 
gress are  forbidden  to  pass  any  bill  of  attainder  or  ex 
post  facto  law. 


378  THE  GOVERNMENT  OF  THE  UNITED  STATES 

A  statement  of  several  restrictions  that  are  imposed 
upon  the  States  or  the  Union,  or  both  States  and  Union, 
may  fitly  close  this  work. 

532.  Titles  of  Nobility. — These  would  plainly  be 
out   of   character    and  be  corrupting  in   tendency  in   a 
republican  country.    Republicanism  assumes  the  equality 
of  citizens.     So    it  is  provided  that  neither  the  United 
States  nor  any  State  shall  grant  any  title  of  nobility. 
Furthermore,  no  officer  of  the  United  States  can,  with- 
out the  consent  of  Congress,  accept  any  present,  office, 
or  title  from  any  king,  prince,  or  foreign  state. 

533.  No  National  Church. — Congress  can  pass  no 
law  in  relation  to  a  state  church  or  establishment  of  re- 
ligion, or   prohibit  the    free  exercise    of   religion.       All 
churches  and  religions  are,  so  far  as  the  National  author- 
ity is  concerned,  put  on  the  same  level.    The  separation  of 
Church  and  State  is  a  fundamental  principle  of    Amer- 
ican polity. 

534.  Freedom  of  Speech  and  the   Right  of  Pe- 
tition.— Congress   can   pass  no  law  abridging  the  free- 
dom of  speech  or  of  the  press,  or  denying  or  limiting  the 
right  of  citizens  peaceably  to  assemble  and  to   petition 
the  Government  for  a  redress  of  grievances.     This  pro- 
vision, however,   is  no  defense   of  license  of  speech   or 
printing,  such  as  slander  or  libel,  or  of  public  tumult  and 
disorder. 

535.  Soldiers     in    Private    Houses.— Tyrannical 
rulers  have  often  accomplished  their  purpose  of  oppres- 
sion by  quartering  soldiers  in  the  houses  of  citizens,  to 
overawe   and  intimidate  them.     In   the    United    States 
soldiers  can  not  be  quartered  in  private  houses  without 
the  consent  of  the  occupants  in  time  of  peace,  and  not 
in  time  of  war  save  in  a  manner  that  is  prescribed  by 
law. 


RELATIONS   OF   THE    STATES   AND   THE    UNION     379 

536.  The    Militia. — Tyrannical  governments   have 
often    found   it   necessary,  in   order  to  accomplish  their 
purpose,  to  suppress  the  citizen  soldiery,  or  to  deny  the 
people  the  right  to  keep  and  to  bear  arms.     Our  Con- 
stitution provides  that,  since  a  well  regulated  militia  is 
necessary  to  the  security  of  every  state,  the  right  of  the 
people  to  keep  and  bear  arms  shall  not  be  infringed. 

537.  Searches  and  Seizures. — Oppressive   rulers 
have   often,    or   generally,    held   themselves    at  perfect 
liberty  to  search  the  papers  and  persons  of   citizens   or 
subjects,  in  order  to  find  evidence  for  criminating  them 
or  for   establishing  their   own   tyranny   the    more  thor- 
oughly.    Our  Constitution  provides  that  the  right  of  the 
people  to  be  secure  in  their  persons,  houses,  papers,  and 
effects  against  unreasonable  searches  and  seizures,  shall 
not  be  violated.     Warrants  for  the  purpose  of  making 
such  seizures  shall  not  be  issued  by  magistrates  unless 
there  is  probable  cause  for  issuing  them,  which  must  be 
sworn  to  by  the  complainant;  and  even  then  they  must 
particularly  describe  the  place  to  be  searched  and  the 
persons   and  things  to  be  seized. 


380      HISTORY    AND    CIVIL   GOVERNMENT    OF   LOUISIANA 


THE  NATIONAL  GOVERNMENT. 


I.  Colonial  Governments  con- 

sisted of 

(1)  An  Assembly, 

(2)  A  Council, 

(3)  A  Governor,  and 

(4)  Courts  of  Law. 

2.  The  Assembly  was  chosen 
by  the  people. 

3.  The     Council,     Governor, 
and  Judges  were  appointed 
in  various  ways. 

4.  The    Colonists    possessed 
the  rights  of  English  sub- 
jects. 

5.  Parliament  had  power  to 
nullify  any  law  passed  by 
the  Colonies. 

6.  The     Colonies      owed     a 
double      allegiance:      they 
were  subject — 

(1)  To  their  own  laws,  and 

(2)  To  those  of  Great  Britain. 

7.  The  Crown  and  Parliament 
had  supremacy  in  national 
affairs. 

8.  The  Colonial  Governments 
were    supreme      in     local 
affairs. 

9.  The  attempt  of  Parliament 
to  tax  the  Colonies  precipi- 
tated   the    conflict    which 
ended  in  independence. 

II.  Political  Effects  of  Inde- 

pendence. 

1.  The  Colonies  became  free 
and  independent  States. 

2.  The  Union  that    had  ex- 
isted through  Great  Britain 


now  existed  through  Con- 
gress. 

3.  The  powers    of   Congress 
were  denned  by  the  Articles 
of  Confederation. 

4.  Their    inadequacies    were 
supplied  by   the  Constitu- 
tion. 

5.  How  the  Constitution  was 
framed. 

6.  How  it  was  ratified. 

7.  The  views  of  its  friends  and 
its  enemies. 

8.  How  the  Government  was 
inaugurated. 

9.  How  amendments  may  be 
proposed  and  ratified. 

10.  The  amendments  enumer- 
ated and  characterized. 

11.  The  preamble  an  enacting 
clause. 

12.  The  preamble  involves  five 
things:   a.  The  people  en- 
act it.     b.  It  establishes  a 
more  perfect  union,     c.  It 
establishes  a  constitutional 
government,     d.  It  creates 
a    federal    state,     e.    The 
people      delegate      some 
powers  and  reserve  others. 

13.  The  provisions  of  the  Con- 
stitution are  embodied  in 
VII.  articles. 

III.  How  Powers  are  Distri- 
buted. 

i.  A  Legislative  Department 
makes  the  laws.  The 
President  may  veto  and  the 
Supreme  Court  annul  tL.  in. 


INDEX,    WITH    QUESTIONS 


381 


2.  An  Executive  Department 
enforces    and    administers 
the    laws.      Congress  may 
impeach. 

3.  A     Judicial     Department 
interprets  and  applies.  The 
Legislative    Department 
may  impeach  and  the  Piesi- 
dent  and  the  Senate  appoint 
or  remove. 

IV.  The  Legislative  Depart- 
ment. 

1 .  It  is  bicameral — two-cham- 
bered. 

2.  How  the  House  is  elected. 

3.  Qualifications     of    Repre- 
sentatives and  Senators. 

4.-  The  qualifications  of  elec- 
tors. 

5.  How  Senators  are  elected: 
the  four  steps. 

6.  How  vacancies  are  filled. 

7.  Classes  of  Senators. 

8.  Who  may  vote  for  Repre- 
sentatives. 

9.  How   Representatives  are 
apportioned. 

10    The  decennial  census. 

1 1 .  Method  of  apportionment. 

12.  Changes  in  the  law:  1842, 
1872,  1873. 

13.  Compensation  of  national 
legislators. 

14.  Privileges  of  members  of 
Congress. 

15.  Prohibition  affecting  mem- 
bers of  Congress. 

16.  Length  of  each  Congress. 

17.  Times  of  meeting. 

18.  Officers  of  the  Senate. 


19.  Officers  of  the    House    of 
Representatives. 

20.  Each  House  the  judge  of 
the    rights,    qualifications, 
etc.,  of  its  members. 

21.  Quorums  to  transact  busi- 
ness. 

22.  Rules  governing  proceed- 
ings. 

23.  Power  to  punish  its  own 
members. 

24.  Journals  and  voting. 

25.  Mode  of  Legislating. 

26.  Action  of  the  President. 

27.  Orders,  resolutions. 

28.  The  Committee  system. 

29.  Adjournments. 

V.  Impeachments. 

1.  Any  Civil  Officer  may  be 
impeached. 

2.  The  House  impeaches. 

3.  The  Senate  tries  impeach- 
ments. 

4    How  the  trial  is  conducted. 

5.  The  limit  of  punishment 
on  conviction. 

6.  Summary      of      impeach- 
ments. 

VI.  Powers  of  Congress. 

1.  Taxation. 

2.  Special  Rules. 

3.  Taxes:  direct  and  indirect. 

4.  Borrowing  money — Bonds 
and  Treasury  Notes. 

5.  Commerce. 

6.  Naturalization. 

7.  Bankruptcies. 

8.  Coinage. 

9.  History      of     the      silver 
dollar. 


HISTORY    AND    CIVIL   GOVERNMENT    OF  LOUISIANA 


10.  Fineness,  weight,  and  ratio 
of  value  of  gold  and  silver. 

1 1 .  Gold  and  silver  certificates. 

12.  Counterfeiting. 

13.  The    Independent    Treas- 
ury. 

14.  National  Banks. 

15.  Weights  and  Measures. 

1 6.  The  postal  service. 
17    Rates  of  postage. 

1 8.  Copyrights    and      patent 
rights. 

19.  Piraces  and  felonies. 

20.  Power  to  declare  war. 

21.  Federal  district. 

22.  Power  to  make  necessary 
laws. 

VII.  Powers  of  the  Executive. 

1.  The  executive  power  effi- 
cient. 

2.  How  the  President  and  the 
V. -President  are  elected. 

3.  How  nominated. 

4.  Electoral  ticket. 

5.  How  electors  are  chosen. 

6.  How  electors  vote. 

7.  How      their    votes      are 
counted. 

8.  When  electors  fail  to  elect, 
the  House  elects  President 
and  Senate    the    V. -Presi- 
dent. 

9.  History  of    the   electoral 
law. 

10.  Remarks  on  the  System. 

11.  Qualifications,    term    and 
salary. 

12.  Oath  of  office. 

13.  Duties  of  the  Vice-presi- 
dent. 


14.  The    Presidential    succes- 
sion. 

15.  Commander-in-chief. 

16.  Power  to  pardon,  except  in 
impeachment  cases. 

17.  Makes  treaties  by  aid  of 
the  Senate. 

18.  How  treaties  are  made. 

19.  Appointive  power. 

20.  The  President  nominates: 
the  Senate  confirms. 

21.  Public  ministers. 

22.  Recognition    of  countries 
by  receiving  ministers. 

23.  The  duties  of  consuls. 

24.  Military  and  naval  officers 
appointed  and  removed. 

25.  The  President's  power  of 
removal. 

26.  How  vacancies  are  filled. 

27.  The  civil  service. 

28.  Civil  service  reform. 

29    The  President'^  message. 

30.  Power  to  call  special  ses- 
sions of  each  or  both 
Houses. 

VII.  Executive  Department. 

1.  Department  of  State. 

2.  Department  of  the  Treas- 
ury. 

3.  Department  of  War. 

4.  Department  of  Justice. 

5.  Post-office  Department. 

6.  Department  of  the  Navy. 

7.  Department  of   the  Inte- 
rior. 

8.  Department    of    Agricul- 
ture. 

9.  The  Constitution  and  func- 
tions of  the  Cabinet. 


INDEX,    WITH    QUESTIONS 


333 


IX.  The  Judicial  Department. 

1.  Its  functions   and  powers 
defined. 

2.  Where  the  power  is  vested. 

3.  The    different     kinds    o  f 
courts. 

4.  The  extent  of  the  judicial 
power. 

5.  Original,    concurrent    and 
appellate  jurisdiction. 

6.  The    number    of    District 
Courts. 

7.  The  Circuit  Courts. 

8.  The  Circuit  Courts  of  Ap- 
peals. 

9.  The  Court  of  claims. 

10.  Courts  of  the  Federal  Dis- 
trict and  Territories. 

1 1 .  The  Supreme  Court. 

12.  How  the   judges  are  ap- 
pointed. 

13.  The  compensation  of 
judges. 

14.  The  concurrent  jurisdiction 
of    National    and     State 
courts. 

15.  Appeals  from  State  courts. 

1 6.  Rules  regulating  trials. 

17.  Military  courts. 

1 8.  Treason    and    its    punish- 
ment. 

X.  New  States  and  the  Public 

Domain. 

1.  The  origin   of  the  public 
domain. 

2.  Annexation  of  territory. 

3.  Provisions  for  new  States. 

4.  Territories  of  the  United 
States. 

5.  The  government  of  an  or- 
ganized Territory. 


6.  How    new  States  are  ad- 
mitted. 

7.  Indian  Territory. 

8.  How  the  public  lands  are 
surveyed. 

9.  School  lands. 

10.  The  new  States  admitted. 

XI.  Relation  of  the  States  to 
the  Union. 

1.  The  sphere  of  a  State. 

2.  The    sphere    of    the    Na- 
tion. 

3.  The  State  and  the  Union. 

4.  National  functions  of  the 
States. 

5.  Prohibitions  laid    on    the 
States. 

6.  Mutual  duties  of  States. 

7.  Privileges  and  immunities 
of  citizens. 

8.  A  Republican  form  of  gov- 
ernment guaranteed. 

9.  Invasion  and  domestic  vio- 
lence. 

10.  National    authority    and 
public  peace. 

11.  The    supremacy    of   the 
Union. 

12.  The  writ  of    habeas  cor- 
pus. 

13.  Bills  of  attainder  and   ex 
post  facto  laws. 

14.  No  titles  of  nobility  con- 
ferred— none  to  be  accepted 
by  public  officers. 

15.  No  national  church. 

1 6.  Soldiers  not  to  be  quartered 
on  citizens. 

17.  The  militia. 

1 8.  Searchers  and  seizures. 


TCI    TkTTTi 


RETURN     CIRCULATION  DEPARTMENT 

202  Main  Li  bran- 
LOAN  PERIOD  1 
HOME  USE 

_.- 

4 


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Renewals  and  recharges  may  be  mode  4  days  pnor  to  due  date 

DUE  AS  STAMPEPjELOyV 

MAY  1  6  1980 


RECLQR 


UNIVERSITY  OF  CALIFORNIA,  BERKELEY 
FORM  NO.  DD6.  60m,  3/80          BERKELEY,  CA  94720  fc 

•  juu  zi-lUUm-8/84 


., 

/J— 

toxj^o 


20047 


